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SANJAY KUMAR, K. VINOD CHANDRAN
Reginamary Chellamani – Appellant
Versus
State Rep. by Superintendent of Customs – Respondent
ORDER :
1. Leave granted.
2. The appellant, Reginamary Chellamani, is aggrieved by the denial of regular bail by the High Court of Judicature at Madras, vide order dated 24.07.2025 passed in Crl. O.P. No. 7857/2025, in relation to Case R.R. No. 41/2021 (C.C. No. 225/2022 on the file of the learned Principal Special Judge under EC and NDPS Act Cases, Chennai), for the 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, 19851 [“NDPS Act” for short] read with Section 135 of the Customs Act, 1962.
3. The amount of contraband substance allegedly seized from the person of the appellant, Reginamary Chellamani, is stated to be above the commercial quantity prescribed in that regard under the aforestated enactment. We, however, find that the appellant, Reginamary Chellamani, has been in custody for 4 years 1 month and 28 days as on date.
4. 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
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Event though the applicant has 15 other criminal cases registered against him, he has only two cases coming under the NDPS Act registered against him. In those cases, he has been granted bail because....
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The main legal point established in the judgment is that the right to speedy trial under Article 21 of the Constitution can override the statutory embargo created under Section 37(1)(b)(ii) of the ND....
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