1. The instant Criminal Revision Case is filed under Sections 438 & 442 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘the BNSS’), by the Petitioner / Accused No.2 seeking to set aside the order dated 06.02.2026 passed in Crl.M.P.No.95 of 2026 on the file of the Court of I Additional District and Sessions Judge-cum-Special Judge for trial of offences under NDPS Act, Rajamahendravaram and to grant default bail to the Petitioner in Crime No.65 of 2024 of Mothugudem Police Station.

2. Heard Sri Duggirala Subhash, learned counsel for the Petitioner and Ms. K. Priyanka Lakshmi, learned Assistant Public Prosecutor representing the respondent/State.

3. Learned counsel for the Petitioner submits that the extension of time for remand granted by the learned trial Judge in the absence of a valid and independent report of the Public Prosecutor, is illegal. It is further submitted that the order does not disclose as to what are the further investigative steps remain to be undertaken. It is brought to the notice of this Court that, in similar circumstances, a Coordinate Bench of this Court vide Order dated 05.01.2026 in Crl.R.C.No.1532 of 2025, set aside the time extended for remand and granted bail to the Petitioner therein and the present Petitioner is also on the same footing.

4. Learned Assistant Public Prosecutor fairly conceded that the Petitioner herein was not present at the time grant of extension of time for remand by the Court.

5. As per the law laid down by the Hon’ble Supreme Court in Jigar @ Jimmy Pravinchandra Adatiya vs. State of Gujarat(2022 Supreme (SC) 973), failure to procure the presence of the Accused either physically or virtually before the Court and failure to inform him / her that the application made by the Prosecutor for the extension of time is being considered, is not a mere procedural irregularity and it is a gross illegality that violates the fundamental right of the Accused guaranteed under Article 21 of the Constitution of India.

6. In the instant case, as fairly conceded by the learned Assistant Public Prosecutor, the Accused was not present before the Court either physically or virtually, at the time of extension of time for remand. Admittedly, statutory period of also completed and no charge sheet has been filed. In that view, the impugned order is liable to be set aside.

7. In the result, the Criminal Revision Case is allowed and the order dated 06.02.2026 passed in Crl.M.P.No.95 of 2026 by the I Additional District and Sessions Judge-cum-Special Judge for trial of offences under NDPS Act, Rajamahendravaram in Crime No.65 of 2024 of Mothugudem Police Station is hereby set aside. Petitioner / Accused No.2 shall be enlarged on bail on the following conditions:

                  (i) Petitioner / Accused No.2 shall execute a personal bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only), with two sureties for the like sum each to the satisfaction of the learned I Additional District and Sessions Judge-cum-Special Judge for trial of offences under NDPS Act, Rajamahendravaram.

                  (ii) The Petitioner/Accused No.2 shall appear before the SHO concerned on every Sunday between 10.00 a.m., and 05.00 p.m till cognizance is taken by the trial Court.

                  (iii) The Petitioner/Accused No.2 shall not commit or indulge in commission of any offence in future.

                  (iv) The Petitioner/Accused No.2 shall cooperate with the investigating officer in further investigation of the case and shall make himself available for interrogation as and when required.

                  (v) 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.

                  (vi) The Petitioner/Accused No.2 shall surrender his passport, if any, to the investigating officer. If he claims that he does not have passport, he shall submit an affidavit to that effect to the Investigating Officer.