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Supreme Court of India

REGINAMARY CHELLAMANI vs STATE REP BY SUPERINTENDENT OF CUSTOMS on 5 February, 2026

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2026 INSC 127ReportableCrl.A. No.-000701-000701 - 2026Official PDFAuthor Puligoru Venkata Sanjay KumarBench Puligoru Venkata Sanjay Kumar, Aravind Kumar, Krishnan Vinod ChandranAdvocates SWASTIK DALAI
2026 INSC 127REPORTABLE
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. OF 2026
(arising out of SLP(Crl.) No. 18886/2025)
REGINAMARY CHELLAMANI APPELLANT(S)
VERSUS
STATE REP BY RESPONDENT(S)
SUPERINTENDENT OF CUSTOMS
O R D E R

Leave granted.

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,

Deepak Guglani

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.

The amount of contraband substance

allegedly seized from the person of the appellant, Reginamary Chellamani, is

stated to be above the commercial quantity prescribed in that regard under the

aforestated enactment. We, however, find that the appellant, Reginamary Chellamani,

has been in custody for 4 years 1 month and 28 days as on date.

Given the length of incarceration

that the appellant has already suffered and as an identically situated accused

person, who was travelling along with the appellant, Reginamary Chellamani, on the

same flight, has been granted bail by this Court, we are inclined to grant the same

1 “NDPS Act”, for short

relief to the appellant at this stage.

The appeal is accordingly allowed, setting aside the impugned order dated

24.07.2025.

is directed to be released on bail in

connection with the aforestated NDPS case, on stringent terms and conditions to be

fixed by the trial Court. In addition, the appellant, Reginamary Chellamani,

shall surrender her passport before the trial Court.

shall cooperate during the course of the trial and shall not take unnecessary

adjournments.

The trial Court shall endeavour to conclude the trial at the earliest.

We clarify that we have not made any

observations/comments on the merits of the case and any observation made in this

order is meant only for the limited

purpose of grant of bail.

We may also note at this stage that the appellant did not cross examine the

witnesses at the initial stage and it was only after she engaged her own counsel and

her application for re-examining those witnesses was allowed that she was

permitted to do so.

It is incumbent upon the trial Courts dealing with criminal proceedings, faced

with such situations, 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. The trial Courts shall record the offer made

to the accused in this regard, the response of the accused to such offer and

also the action taken thereupon in their orders, before commencing examination of

the witnesses.

This procedure requires to be adopted and put in practice scrupulously.

This order shall 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.

Pending application(s), if any, shall stand disposed of.