APHC010350822026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] TUESDAY, THE 25th DAY OF AUGUST 2026 PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL REVISION CASE NO: 964/2026 Between: 1. KOGURU RAMTEJA, , S/O VASANTHA VIJAY KUMAR, AGED 28 YEARS, R/OJALLIVARIPEETA STREET, DRAKSHARAMAM ROAD, RAMACHANDRAPURAMVILLAGE MANDAL, KONASEEMA DISTRICT, ANDHRA PRADESH. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, , REPRESENTED BY ITS PUBLIC PROSECUTION,HIGH COURT OF ANDHRA PRADESH, HIGH COURT BUILDING AT NELAPADU, GUNTURDISTRICT, ANDHRA PRADESH. GUDEMKOTHAVEEDI G.K.VEEDI, POLICESTATION, ALLURI SEETHARAMARAJU DISTRICT ...RESPONDENT Counsel for the Petitioner: 1. CHETAN PONNURU Counsel for the Respondent: 1. PUBLIC PROSECUTOR The Court made the following: ORDER: Criminal Revision Case has been filed challenging the order passed by the learned I Additional District and Sessions Judge-cum-Special Judge for 2 Dr.YLR, J Crl.R.C.No.964 of 2026 Dated 25.08.2026 Trial of Offences under the NDPS Act, Visakhapatnam1 in Crl.M.P.No.632 of 2026 in Cr.No.05/2026 of G.K.Veedhi Police Station on 07.08.2026 extending the period of remand up to 230 days from the day the Petitioner was remanded to judicial custody for the first time. 2. Thoughtful consideration is bestowed on the arguments advanced by the learned Counsel for both sides. I have perused the entire record. 3. Now the point for consideration is: “Whether the order in Crl.M.P.No.632 of 2026 dated 07.08.2026, passed by the learned I Additional District & Sessions Judge-cum-Special Judge for Trial of Offences under NDPS Act, Visakhapatnam, is correct, legal, and proper with respect to its finding or judgment, and there are any material irregularities? And to what relief?” 4. As seen from the record on 174th day of the judicial custody of the Petitioner remand extension petition was filed before the learned Trial Court. The impugned order doesn’t reflect that at the time of extension of the remand the Petitioner was either produced physically or virtually. 5. The Hon’ble Apex Court in Jigar @ Jimmy Pravinchandra Adatiya v. State of Gujarat2,at paragraph No.30 held as under: “45. The logical and legal consequence of the grant of extension of time is the deprivation of the indefeasible right available to the accused to claim a default bail. If we accept the argument that the failure of the prosecution to produce the accused before the Court and to inform him that the application of extension is being considered by the Court is a mere procedural irregularity, it will negate the proviso added by sub-section (2) of Section 20 of the 2015 Act and that may amount to violation of rights conferred by Article 21 of the Constitution. The reason is the grant of the extension of time takes away the right of the accused to get default bail which is intrinsically connected with the fundamental rights guaranteed under Article 21 of the Constitution. The procedure contemplated by Article 21 of the Constitution which is required to be followed before the liberty of a person is taken away has to be a fair and 1 the Trial Court 22022 Supreme (SC) 973 3 Dr.YLR, J Crl.R.C.No.964 of 2026 Dated 25.08.2026 reasonable procedure. In fact, procedural safeguards play an important role in protecting the liberty guaranteed by Article 21. The failure to procure the presence of the accused either physically or virtually before the Court and the failure to inform him that the application made by the Public Prosecutor for the extension of time is being considered, is not a mere procedural irregularity. It is gross illegality that violates the rights of the accused under Article 21” 6. As per Jigar supra, failure to procure the presence of the Accused either physically or virtually before the Court and failure to inform him that the application made by the Public Prosecutor for the extension of time is being considered not a mere procedural irregularity, it is a gross illegality that violates the fundamental right of the Accused guaranteed under Article 21 of the Constitution of India. 7. In the instant case the impugned order doesn’t reflect that such procedural safeguard contemplated by Jigar suprawas followed. Indeed, the learned Trial Court neither secured the presence of the Accused physically nor virtually nor informed the Petitioners that judicial remand was extended. Therefore, there is violation of Article 21 of the Constitution of India. 8. Be that as it may, even at the time of extension of the remand in any other case either by the Magistrate or by the Trial Court, they cannot mechanically pass extension order of remand. The remand extension has to be informed to the Accused either by securing him physically or virtually. For the above reasons the Criminal Revision Caseis required to be allowed, as there are merits. 9. In the present case, the petition seeking extension of remand was filed on the 174th of the Petitioner’s remand. No counter was filed by the accused 4 Dr.YLR, J Crl.R.C.No.964 of 2026 Dated 25.08.2026 before the learned Trial Court in Crl.M.P.No.632 of 2026. The learned Trial Court was under a legal obligation to inform the petitioner about the order extending the remand passed against him. 10. In the result the Criminal Revision Case is allowed, the impugned order dated 06.08.2025 passed in Crl.M.P.632 of 2026 in Cr.No.05 of 2026 of G.K. Veedhi Police Station on the file of the learned I Additional District and Sessions Judge-cum-Special Judge for Trial of Offences under the NDPS Act, Visakhapatnam is set aside. 11. The Criminal Revision Case is allowed with the following conditions: i. The Petitioner/Accused No.2 shall be enlarged on bail subject to he executing a bond for a sum of Rs.50,000/- (Rupees Fifty Thousand Only) each, with two sureties each for the like sum each to the satisfaction of the I Additional District & Sessions Judge-cum-Special Judge for Trial of Offences under NDPS Act, Visakhapatnam. ii. The Petitioner/Accused No.2 shall appear before the Station House Officer, G.K.Veedhi 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. The Petitioner/Accused No.2 shall not leave the limits of the State of Andhra Pradesh without prior permission from the Station House Officer concerned. iv. The Petitioner/Accused No.2 shall not commit or indulge in commission of any offence in future. v. The Petitioner/Accused No.2 shall cooperate with the investigating officer in further investigation of the case and shall 5 Dr.YLR, J Crl.R.C.No.964 of 2026 Dated 25.08.2026 make themselves available for interrogation by the investigating officer as and when required. vi. The Petitioner/Accused No.2 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. Petitioner/Accused No.2 shall surrender his passport, if any, to the investigating officer. If he claims that he does not have a passport, he shall submit an affidavit to that effect to the Investigating Officer. 12. With the above observations and directions, this Criminal Revision Case is allowed. No order as to costs. As a sequel, interlocutory applications, if any pending, shall stand closed. _________________________ Dr. Y. LAKSHMANA RAO, J Dt: 25.08.2025 KMS 6 Dr.YLR, J Crl.R.C.No.964 of 2026 Dated 25.08.2026 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL REVISION CASE NO: 964/2026 25.08.2026 W KMS 54