‘Trial courts can’t pass mechanical remand extension order’: Andhra Pradesh High Court grants bail in narcotics case

Noting that there is a violation of Article 21 of the Constitution of India, the court added that, 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 an extension order of remand.

Background

The accused filed a criminal revision case challenging the trial court order extending the period of his remand up to 250 days from the day he was remanded to judicial custody for the first time. The petitioner was accused of the offences under the NDPS Act.

The petitioner had filed the remand extension plea before the trial court on the 161st day of his judicial custody.

Decision

The court noted that the trial court’s order does not reflect that at the time of extension of the remand, the petitioner was either produced physically or virtually.

Stating from the apex court’s Jimmy Pravinchandra Adatiya v. State of Gujarat decision, the court said that failure to procure the presence of the accused either physically or virtually before the Court and failure to inform him that the
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.

“The remand extension has to be informed to the accused either by securing him physically or virtually. For the above reasons, the criminal revision case is required to be allowed, as there are merits,” the court held.

Dismissing the trial court’s remand order, the high court ordered that the petitioner shall be enlarged on bail in the case.