Case Note & Summary
The Supreme Court granted bail to Appellant, who was accused under the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) for possession of commercial quantity of contraband. The Court considered her prolonged incarceration of over 4 years and the fact that a similarly situated co-accused had already been granted bail. While granting bail with stringent conditions including surrender of passport, the Court emphasized the duty of trial courts to ensure accused persons are informed of their right to legal representation, particularly through legal aid if they cannot afford counsel. The Court directed that this procedure must be scrupulously followed and recorded in court orders, and communicated this directive to all High Courts for implementation.
Headnote
The Supreme Court allowed the criminal appeal and granted bail to the appellant -- The Court considered the appellant's incarceration of 4 years 1 month and 28 days -- The Court applied the parity principle as an identically situated co-accused had been granted bail -- The Court directed trial courts to inform accused persons of their right to legal representation -- The Court mandated recording of legal aid offers in court orders -- The Court clarified no observations were made on the merits of the case
Premium Content
The Headnote is only available to subscribed members.
Subscribe Now to access key legal points
Issue of Consideration: The Issue of consideration was whether the appellant should be granted bail in a case involving commercial quantity of contraband under the NDPS Act, considering her prolonged incarceration and the grant of bail to a similarly situated co-accused
Premium Content
The Issue of Consideration is only available to subscribed members.
Subscribe Now to access critical case issues
Final Decision
The appeal was allowed, setting aside the impugned High Court order dated 24.07.2025. The appellant was directed to be released on bail with stringent terms and conditions to be fixed by the trial court, including surrender of passport. The trial court was directed to conclude the trial at the earliest.
