The Public Prosecutor must independently evaluate the investigation's progress before requesting an extension of remand under Section 36A(4) of the NDPS Act; failure to submit a report reflecting such application of mind renders the extension void, entitling the accused to default bail.

ORDER:

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 13.02.2026 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.103 of 2026 in Crime No.208 of 2025 of Payakaraopeta 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 Petitioners/Accused No.2 and 7, and other accused beyond 180 days.

2. The learned counsel for the petitioners have relied upon the judgment in Hitendra Vishnu Thakur v. State of Maharashtra¹1994 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 Legislature did not purposely leave it to an investigating officer to make an application for seeking extension of time from the court. This provision is in tune with the legislative intent to have the investigations completed expeditiously and not to allow an accused to be kept in continued detention during unnecessary prolonged investigation at the whims of the police. The Legislature expects that the investigation must be completed with utmost promptitude but where it becomes necessary to seek some more time for completion of the investigation, the investigating agency must submit itself to the scrutiny of the public prosecutor in the first instance and satisfy him about the progress of the investigation and furnish reasons for seeking further custody of an accused. A public prosecutor is an important officer of the State Government and is appointed by the State under the Code of Criminal Procedure. He is not a part of the investigating agency. He is an independent statutory authority. The public prosecutor is expected to independently apply his mind to the request of the investigating agency before submitting a report to the court for extension of time with a view to enable the investigating agency to complete the investigation. He is not merely a post office or a forwarding agency. A public prosecutor may or may not agree with the reasons given by the investigating officer for seeking extension of time and may find that the investigation had not progressed in the proper manner or that there has been unnecessary, deliberate or avoidable delay in completing the investigation. In that event, he may not submit any report to the court under clause (bb) to seek extension of time. Thus, for seeking extension of time under clause (bb), the public prosecutor after an independent application of his mind to the request of the investigating agency is required to make a report to the Designated Court indicating therein the progress of the investigation and disclosing justification for keeping the accused in further custody to enable the investigating agency to complete the investigation. The public prosecutor may attach the request of the investigating officer along with his request or application and report, but his report, as envisaged under clause (bb), must disclose on the face of it that he has applied his mind and was satisfied with the progress of the investigation and considered grant of further time to complete the investig