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Remand extension must be informed to accused either physically or virtually: Andhra Pradesh High Court grants bail to 3 in NDPS case

Andhra Pradesh HC remand ruling, Article 21 remand violation: Justice Y Lakshmana Rao was dealing with two criminal revision petitions against the order of the sessions court under the NDPS Act extending the period of remand of accused persons up to 300 days.

2 min readNew DelhiUpdated: Dec 3, 2025 09:30 AM IST

The Andhra Pradesh High Court said that not securing the presence of the accused or not informing them about extension of judicial remand violates Article 21.

The court said that not securing the presence of the accused or not informing them about extension of judicial remand violates Article 21. (Image generated using AI)

Andhra Pradesh HC remand ruling: The Andhra Pradesh High Court has held that extension of remand must be informed to the accused either by securing them physically or virtually while it granted bail to three men in a case under Narcotic Drugs and Psychotropic Substances (NDPS) Act.

Justice Y Lakshmana Rao was dealing with two criminal revision petitions against the order of the sessions court under the NDPS Act extending the period of remand of accused persons up to 300 days.

The court noted that their remand period was extended without their physical or virtual presence.

“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 them physically or virtually. For the above reasons the Criminal Revision Case is required to be allowed, as there are merits,” it added.

‘Violates Article 21’

“Not securing the presence of the accused or not informing them about extension of judicial remand violates Article 21 of the Constitution,” the order said.

On 156th day of the judicial custody of the accused persons, a remand extension petition was filed before the trial court in Visakhapatnam. The court noted that the trial court’s order didn’t reflect that at the time of remand extension, the accused persons were produced physically or virtually.

The court referred to a Supreme Court verdict in which the top court held that “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”.

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The court observed that the trial court’s order didn’t reflect that such procedural safeguard was followed and noted that it had neither secured the presence of the accused nor they were informed that judicial remand was extended and, therefore, “there is violation of Article 21 of the Constitution of India”.

Ashish Shaji

Ashish Shaji is a Senior Sub-Editor at The Indian Express, where he specializes in legal journalism. Combining a formal education in law with years of editorial experience, Ashish provides authoritative coverage and nuanced analysis of court developments and landmark judicial decisions for a national audience. Expertise Legal Core Competency: Ashish is a law graduate (BA LLB) from IME Law College, CCSU. This academic foundation allows him to move beyond surface-level reporting, offering readers a deep-dive into the technicalities of statutes, case law, and legal precedents. Specialized Legal Reporting: His work at The Indian Express focuses on translating the often-dense proceedings of India's top courts into clear, actionable news. His expertise includes: Judicial Analysis: Breaking down complex orders from the Supreme Court and various High Courts. Legal Developments: Monitoring legislative changes and their practical implications for the public and the legal fraternity. Industry Experience: With over 5 years in the field, Ashish has contributed to several niche legal and professional platforms, honing his ability to communicate complex information. His previous experience includes: Lawsikho: Gaining insights into legal education and practical law. Verdictum: Focusing on high-quality legal news and court updates. Enterslice: Working at the intersection of legal, financial, and advisory services. ... Read More