APHC010166532026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] FRIDAY,THE TENTH DAY OF APRIL TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NOS: 2780 and 2638 of 2026 CRIMINAL PETITION NO: 2780 of 2026 Between: 1. PURNACHANDRA GOLARI,, S/O. SEETHARAM, AGED ABOUT 31 YEARS, R/O. BIDARPAKHANA, PAPARMETIA VILLAGE, CHITRAKONDA MANDAL, MALKANGIRI DISTRICT, ODISHA STATE. 2. PUJARI CHITTIBABU,, S/O. MATYALINGAM, AGED ABOUT 37 YEARS, R/O. GUNJIVADA VILLAGE, BUSIPUTTU POST, PEDABAYALU MANDAL, ALLURI SITHARAMA RAJU DISTRICT. ...PETITIONER/ACCUSED(S) AND 1. THE STATE OF ANDHRA PRADESH, Rep by its Public Prosecutor, High Court of Andhra Pradesh at Amaravathi. ...RESPONDENT/COMPLAINANT CRIMINAL PETITION NO: 2638/2026 Between: 1. VANUGU NARASIMHA MURTHY,, S/O. BANGARU DORA, AGED ABOUT 44 YEARS, R/O. CHITTEGARUVU VILLAGE, SIKARI POST, PEDABAYALU MANDAL, ALLURI SITHARAMA RAJU DISTRICT. 2. GATTUNU ADRUSTAM NAIDU,, S/O. RAJAM NAIDU, AGED ABOUT 45 YEARS, R/O. SUKURU VILLAGE AND PANCHAYAT, HUKUMPETA MANDAL, ALLURI SITHARAMA RAJU DISTRICT. 2 Dr.YLR, J Crl.P.Nos.2780 and 2638 of 2026 Dated 10.04.2026 3. THALAMARLA ANJANEYULU,, S/O. LAKSHMANNA, AGED ABOUT 36 YEARS, R/O. H. NO.4-4, MAIN ROAD, B. RAMAPURAM VILLAGE, DONNIKOTA PANCHAYAT, GOPEPALLE MANDAL, SRI SATHYA SAI DISTRICT, PRESENTLY RESIDING AT SUKURU VILLAGE AND PANCHAYAT, HUKUMPETA MANDAL, ALLURI SITHARAMA RAJU DISTRICT. 4. VANTARI CHANDRA SEKHAR,, S/O. SURIBABU, AGED ABOUT 22 YEARS, R/O. NAXLAYITIA COLONY, KUNCHANGI CENTRE, ANAKAPALLI MANDAL AND DISTRICT, PRESENTLY RESIDING AT SUKURU VILLAGE AND PANCHAYAT, HUKUMPETA MANDAL, ALLURI SITHARAMA RAJU DISTRICT. ...PETITIONER/ACCUSED(S) AND 1. THE STATE OF ANDHRA PRADESH, Rep by its Public Prosecutor, High Court of Andhra Pradesh at Amaravathi. ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused(S): 1. GOLLAPALLI MAHESWARA RAO Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR The Court made the following: COMMON ORDER: These two Criminal Petitions are heard and disposed of by this common order as they arise out of same crime. 2. Criminal Petition No.2780 of 2026 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”) by the 3 Dr.YLR, J Crl.P.Nos.2780 and 2638 of 2026 Dated 10.04.2026 petitioners/Accused Nos.2 and 7, seeking to quash the proceedings against them on the file of the IX Additional District and Sessions Judge, Chodavaram, by order dated 24.03.2026 in Crl.M.P. No.11 of 2026 in Crime No.50 of 2025 of Hukumpeta Police Station, extended the remand period beyond 210 days. 3. 3. Criminal Petition No.2638 of 2026 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”) by the petitioners/Accused Nos.3 to 6, seeking to quash the proceedings against them on the file of the IX Additional District and Sessions Judge, Chodavaram, by order dated 24.03.2026 in Crl.M.P. No.11 of 2026 in Crime No.50 of 2025 of Hukumpeta Police Station, extended the remand period beyond 210 days. 4. Heard the learned counsel for the Petitioners and the learned Assistant Public Prosecutor. 5. The learned counsel for the Petitioners submits that the charge sheet had already been filed by the time the impugned order was passed. 6. The learned Assistant Public Prosecutor also submits that the charge sheet had been filed. 7. When the charge sheet has already been filed, there is no question of extension of remand of the Petitioners beyond 180 days up to 210 days. The extraordinary power of the learned trial Court to remand the Petitioners to judicial custody beyond 180 days can be exercised only upon the filing of a 4 Dr.YLR, J Crl.P.Nos.2780 and 2638 of 2026 Dated 10.04.2026 special report stating that the investigation could not be completed and that certain important aspects of the investigation remain to be carried out. 8. Therefore, the order suffers from lack of application of mind and is contrary to the procedure contemplated under Section 36A(4) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity, “the NDPS Act”). Hence, the impugned orders passed against the Petitioners/Accused Nos.2 and 7 in Crl.P.No.2780 of 2026 and the Petitioners/Accused Nos.3 to 6 in Crl.P.No.2638 of 2026, in Crl.M.P. No.11 of 2026 in Crime No.50 of 2025 on the file of the IX Additional District and Sessions Judge, Chodavaram, are liable to be set aside. 9. The Criminal Petitions are allowed with the following conditions: i. Petitioners/Accused Nos.2 and 7 in Crl.P.No.2780 of 2026 and the Petitioners/Accused Nos.3 to 6 in Crl.P.No.2638 of 2026 shall be enlarged on bail subject to they executing a bond for a sum of Rs.1,00,000/- (Rupees One Lakh Only) with two sureties each for the like sum each to the satisfaction of the IX Additional District and Sessions Judge, Chodavaram. ii. Petitioners/Accused Nos.2 and 7 in Crl.P.No.2780 of 2026 and the Petitioners/Accused Nos.3 to 6 in Crl.P.No.2638 of 2026 shall appear before the Station House Officer, Hukumpeta Police Station, Alluri Sitharama Raju District, on every Saturday in between 10:00 am and 05:00 pm, till cognizance is taken by the learned the Trial Court. iii. Petitioners/Accused Nos.2 and 7 in Crl.P.No.2780 of 2026 and the Petitioners/Accused Nos.3 to 6 in Crl.P.No.2638 of 2026 shall not leave the limits of the State of Andhra Pradesh without prior permission from the Station House Officer concerned. iv. Petitioners/Accused Nos.2 and 7 in Crl.P.No.2780 of 2026 and the Petitioners/Accused Nos.3 to 6 in Crl.P.No.2638 of 2026 shall not commit or indulge in commission of any offence in future. v. Petitioners/Accused Nos.2 and 7 in Crl.P.No.2780 of 2026 and the Petitioners/Accused Nos.3 to 6 in Crl.P.No.2638 of 2026 5 Dr.YLR, J Crl.P.Nos.2780 and 2638 of 2026 Dated 10.04.2026 shall cooperate with the investigating officer in further investigation of the case and shall make themselves available for interrogation by the investigating officer as and when required. vi. Petitioners/Accused Nos.2 and 7 in Crl.P.No.2780 of 2026 and the Petitioners/Accused Nos.3 to 6 in Crl.P.No.2638 of 2026 shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the court or to any police officer. vii. Petitioners/Accused Nos.2 and 7 in Crl.P.No.2780 of 2026 and the Petitioners/Accused Nos.3 to 6 in Crl.P.No.2638 of 2026 shall surrender their passport, if any, to the investigating officer. If they claim that they do not have a passport, they shall submit an affidavit to that effect to the Investigating Officer. 10. With the above observations and directions, this Criminal Petitions are allowed. As a sequel, interlocutory applications, if any pending, shall stand closed. _________________________ Dr. Y. LAKSHMANA RAO, J Dated 10.04.2026 KMS 6 Dr.YLR, J Crl.P.Nos.2780 and 2638 of 2026 Dated 10.04.2026 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NOs: 2780 and 2638/2026 10.04.2026 W