2026 (2) TMI 408 - SC - Customs

Bail entitlement in prolonged pre-trial NDPS custody granted where parity with co accused exists; release ordered with conditions.

Prolonged pre-trial custody and parity with an identically situated co-accused justified regular bail: the court found that extended incarceration merited ... Entitlement to regular bail in view of prolonged pre-trial custody - commercial quantity under the NDPS Act - release on bail in lengthy pre-trial custody - parity with co-accused - stringent bail conditions - surrender of passport as bail condition - right to legal representation and legal aid - trial court obligation to record offer of legal aid - limited observations for purpose of bail only - HELD THAT:- 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 relief to the appellant at this stage. The appeal is accordingly allowed, setting aside the impugned order dated 24.07.2025. The appellant, Reginamary Chellamani, 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. 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. The appeal was allowed and the appellant granted bail on stringent conditions (including surrender of passport and cooperation in trial). Issues: Whether the accused in an NDPS and Customs prosecution involving alleged seizure above commercial quantity is entitled to regular bail in view of prolonged pre-trial custody and parity with an identically situated co-accused.Analysis: The matter concerns grant of regular bail where the amount of contraband is stated to be above the statutory commercial quantity under the NDPS and Customs provisions cited, but the accused has undergone prolonged custody of over four years. An identically situated co-accused, who was travelling with the accused on the same flight, has been released on bail by this Court. The Court balances the gravity of the statutory offences and the statutory thresholds with the length of pre-trial detention already suffered and the principle of parity between co-accused. The Court also imposes safeguards in the nature of stringent bail conditions, including surrender of passport, cooperation in trial, and directions for early trial completion. The Court further emphasizes the procedural obligation on trial Courts to inform accused of right to legal representation and to record offers of legal aid before witness examination begins.Conclusion: Grant of regular bail to the accused is allowed on stringent conditions to be fixed by the trial Court, including surrender of passport and cooperation in trial; the impugned High Court order denying regular bail is set aside.