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Criminal · Reportable judgment

Reginamary Chellamani vs State Rep by Superintendent of Customs

Court
Supreme Court of India
Date
5 February 2026
Case No.
Criminal Appeal No. 701 of 2026
Result
Allowed
Bench
Sanjay Kumar, K. Vinod Chandran
Citation
[2026] 2 S.C.R. 398 : 2026 INSC 127
Acts & Sections
Narcotic Drugs and Psychotropic Substances… Customs Act, 1962
Supreme Court Reports [2026] 2 S.C.R. 398 : 2026 INSC 127
Issue for consideration
Issue pertains to grant of bail to the appellant for commission of offence punishable u/s.8(c) r/w ss.20(b)(ii)(C), 22(c), 23, 28 and

29 of the NDPS Act r/w s.135 of the Customs Act; and the right of the accused to free legal aid counsel.
Headnote

Narcotic Drugs and Psychotropic Substances Act, 1985 – s.8(c) r/w ss.20(b)(ii)(C), 22(c), 23, 28 and 29 – Customs Act, 1962 – s.135 – Bail – Grant of – Case registered against the appellant for the offences punishable u/s.8(c) r/w ss.20(b)(ii)(C), 22(c), 23,

28 and 29 of the NDPS Act r/w s.135 of the Customs Act, on account of seizure of contraband substance from the person of the appellant above the commercial quantity prescribed – Denial of regular bail by the High Court – Challenge to: Held: Given the length of incarceration that the appellant has already suffered-4 years 1 month and 28 days, and as an identically situated accused person, who was travelling along with the appellant, on the same flight, has been granted bail by this Court, the appellant granted bail at this stage on stringent terms and conditions to be fixed by the trial court – Impugned order set aside. [Paras 3-6]

Legal aid – Free legal aid – Right of the accused to legal representation – Trial courts dealing with criminal proceedings, to inform the accused of their right to legal representation and their entitlement to be represented by legal aid counsel in the event they cannot afford a counsel – Trial courts to record the offer made to the accused, their response to such offer and also the action taken in their orders, before commencing examination of the witnesses – This procedure to be adopted and put in practice scrupulously – Order to be communicated to the Chief Justices of all the High Courts to enable suitable instructions being issued in this regard to all the concerned trial courts within the State. [Paras 11-13]

Keywords: Grant of bail · Right of the accused to free legal aid counsel · Contraband substance · Denial of regular bail · Length of incarceration · Identically situated accused person · Legal aid · Free legal aid

As published in the Supreme Court Reports, Supreme Court of India. Headnotes prepared by: Nidhi Jain. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.

Full Judgment Text

Order 1. Leave granted. 2. The appellant, Reginamary Chellamani, is aggrieved by the denial of regular bail by the High Court of Judicature at Madras, vide order dated 24.07.2025 passed in Crl.O.P. No. 7857/2025, in relation to Case R.R. No. 41/2021 (C.C. No. 225/2022 on the file of the learned Principal Special Judge under EC and NDPS Act Cases, Chennai), for the offences punishable under Section 8(c) read with Sections 20(b)(ii)(C), 22(c), 23, 28 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 19851 read with Section 135 of the Customs Act, 1962. 3. The amount of contraband
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