In a criminal appeal filed before the Supreme Court challenging an order of the Madras High Court denying the applicant regular bail, a Bench comprising Justice Sanjay Kumar and Justice K. Vinod Chandran released the appellant on bail and set aside the impugned order.
The appellant was accused of 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, 1985 (NDPS Act), read with Section 135 of the Customs Act, 1962. The amount of contraband substance allegedly seized from the appellant was stated to be above the commercial quantity prescribed.
However, the Court found that the appellant had been in custody for 4 years, 1 month, and 28 days. Considering the length of the incarceration suffered by the appellant, and the fact that another accused person in an identical situation had been granted bail, the Court was inclined to grant bail to the appellant.
Thus, the Court allowed the appeal and set aside the impugned order. The Court directed the appellant’s release on stringent terms and conditions to be fixed by the trial court. The appellant was directed to cooperate during the course of the trial and not to take unnecessary adjournments.
Further, the Court noted that the appellant did not cross-examine the witness at the initial stage, and that she was permitted to re-examine the witnesses only after she had engaged her own counsel. The Court stated that it is incumbent upon trial courts dealing with criminal proceedings to inform the accused of their right to legal representation and their entitlement to be represented if they cannot afford a counsel.
The Court directed the trial courts to record the offer made to the accused in this regard, their response, and the action taken in their orders before the commencing examination of witnesses. The Court stated that this practice must be adopted and practiced scrupulously. Lastly, the Court directed that the present order be communicated to the Chief Justices of all High Courts for suitable instructions to be issued in this regard to all trial courts concerned.
Appearances:
For Petitioner(s) – Mr. Raghenth Basant (Sr. Adv.), Mr. Swastik Dalai (AOR), Mr. M. Srinivasan, Ms. Kaushitaki Sharma, Ms. Bagavathy Vennimalai, Mr. E. Shanthakumar, Mr. T. Yuvaresh
For Respondent(s) – Mr. S.D. Sanjay (A.S.G.), Ms. Navroop Jawanda, Ms. Parthvi Ahuja, Mr. Khushal Kolwar, Ms. Disha Thakkar, Mr. Gurmeet Singh Makker (AOR), Mr. Rajat Nair, Ms. Aastha Singh, Ms. Mili Baxi, Mr. Alankar Gupta, Mr. Raman Yadav
