VidhiSangh

Supreme Court of India · 05/02/2026

REGINAMARY CHELLAMANI versus STATE REP BY SUPERINTENDENT OF CUSTOMS

[2026] 2 S.C.R. 398 · 2026 INSC 127

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Summary

The Supreme Court granted regular bail to an NDPS accused who had been in custody for over four years and whose co-accused on the same flight had already been granted bail, and directed trial courts to inform accused persons of their right to legal representation and legal aid, and to record that offer, before witnesses are examined.

Issues

  1. Whether the appellant, accused of NDPS and Customs Act offences involving an alleged commercial quantity, should be released on bail after prolonged custody.
  2. What trial courts must do where an accused is unrepresented when prosecution witnesses are to be examined.

Held

Result

Appeal allowed; High Court order of 24.07.2025 set aside; appellant to be released on bail on stringent conditions fixed by the trial court, surrender of passport and cooperation with the trial; trial court to endeavour to conclude the trial early; order to be communicated to the Chief Justices of all High Courts for instructions to trial courts.

Judgment PDF: Supreme Court of India, [2026] 2 S.C.R. 398.