Tell Every Accused of Right to Free Legal Aid Before Witnesses Are Examined: Supreme Court to Trial Courts

The appellant was booked in Case R.R. No. 41/2021 (C.C. No. 225/2022 before the Principal Special Judge for EC and NDPS Act cases, Chennai) under Section 8(c) read with Sections 20(b)(ii)(C), 22(c), 23, 28 and 29 of the NDPS Act and Section 135 of the Customs Act, for contraband above the commercial quantity allegedly seized from her person (paras 2-3). The Madras High Court refused regular bail on 24.07.2025 (para 2). She had been in custody for 4 years, 1 month and 28 days, and an accused travelling with her on the same flight had been granted bail by the Supreme Court (paras 3-4).

Given the length of incarceration and the bail already granted to the identically situated co-passenger, the Court granted the appellant the same relief, setting aside the High Court's order (paras 4-5). She is to be released on stringent conditions fixed by the trial court, must surrender her passport, cooperate at trial and avoid unnecessary adjournments, and the trial court should conclude the trial early; the observations are only for bail (paras 6-9). The Court then noted that she had not cross-examined the witnesses at first, and could do so only after engaging her own lawyer and obtaining their recall (para 10). Trial courts facing such situations must inform the accused of their right to legal representation and to a legal-aid lawyer if they cannot afford one, and record the offer, the response and the action taken in their orders before witnesses are examined (para 11). This procedure must be followed scrupulously, and the order was sent to the Chief Justices of all High Courts for instructions to trial courts (paras 12-13).