The grant of extension of time for investigation under Section 36A(4) of the NDPS Act requires the Public Prosecutor to independently evaluate the investigative progress and provide a reasoned report; a mere forwarding of the police's request without such application of mind renders the detention order invalid and justifies default bail.

The Court made the following:

ORDER:

The Criminal Petition has been filed under Section 482 of the Code of Criminal Procedure, 1973 (for brevity, ‘the Cr.P.C.’) / Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity, ‘the BNSS’), seeking to quash the proceedings in Crl.M.P.No.14/2026 in Crime No.13/2025 of Koyyuru Police Station, passed by the learned I Additional District & Sessions Judge-cum-Special Judge for Trial of Offences under the NDPS Act, Visakhapatnam (for brevity, ‘the learned Trial Court’), dated 23.01.2026, whereby the remand of the Petitioner/Accused was extended for 300 days from the date of his initial remand, and consequently to release the Petitioner/Accused No.6 on bail in connection with Crime No.13/2025 of Koyyuru Police Station, Alluri Sitharama Raju District.

2. The learned counsel for the Petitioner has 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 i