Back
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
Y.LAKSHMANA RAO
Bangari Shiva S/o Chinna – Appellant
Versus
State Of Andhra Pradesh – Respondent
ORDER:
Y.LAKSHMANA RAO, J.
The Criminal Petition has been filed under Section 482 of the Code of Criminal Procedure, 1973 (for brevity, “Cr.P.C.”) / Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity, “BNSS”), challenging the order dated 29.01.2026 passed by the learned I Additional District and Sessions Judge-cum-Special Judge for trial of offences under the NDPS Act, Visakhapatnam, in Crl.M.P. No.75 of 2026 in Crime No.102 of 2025 of Makavarapalem Police Station, whereby the petition filed by the prosecution under Section 36A(4) of the Narcotic Drugs And Psychotropic Substances, Act, 1985 (for brevity 'the NDPS Act') was allowed, extending the remand period of the Petitioner/Accused and other accused beyond 180 days.
2. The learned counsel for the petitioner has relied upon the judgment in Hitendra Vishnu Thakur v. State of Maharashtra, 1994 AIR 2623, wherein, at paragraphs Nos.23, 24 and 31 it is held as under:
“23... We may at this stage, also on a plain reading of clause (bb) of sub- section (4) of Section 20, point out that the Legislature has provided for seeking extension of time for completion of investigation on a report of the public prosecutor. The Leg
The main legal point established in the judgment is the necessity of fulfilling specific conditions, including the report of the Public Prosecutor, progress of the investigation, and issuing a prior ....
The importance of the report of the Public Prosecutor in justifying the extension of the investigation period and the refusal of default bail.
The court emphasized the necessity of the Public Prosecutor's independent application of mind when seeking extension of investigation time, which is essential for safeguarding the accused's rights.
Investigating Officer has no power or right to file a petition under Section 36-A(4) of the NDPS Act.
Reports from Public Prosecutors seeking detention extension must clearly indicate investigation progress and reasons for further custody, ensuring defendants' rights to statutory bail are safeguarded....
The court emphasized the importance of the public prosecutor's independent application of mind and the need for specific and compelling reasons for seeking detention beyond the stipulated period unde....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
