CHAPTER XIX

Appendix II
FORM A
Presentation Form
1. CASE TYPE (See Table I) Code : C.R.M. (NDPS) Criminal Miscellaneous Case)
2. No. of 20 (Number to be given by the office)
2A District Code (table VI… North 24 Parganas (18) for W.P.)
3. Petitioner(s)/Appellant(s)/Applicant(s) Saddam Hossain @ Chaina @ Md. Saddam Hussain. & Anr./Ors.
a) Mobile No. 7439226596 b) E-mail I.D. : sgv081070@gmail.com
4. Gender of the Petitioner(s)/Appellant(s)/ Male Female Transgender

Applicant(s) (Tick) :
5.a) Age of the Petitioner(s)/Appellant(s)/
Applicant(s) : 31 b) Date of birth : 19/10/1991
6. Caste of the Petitioner(s)/Appellant(s)/
7. Complete postal address (with PIN code)
of petitioner(s)/Appellant(s)/Applicant(s)
8. Petitioner(s)/Appellant(s)/Applicant(s):
Advocate
a) Bar Registration No. WB 1178 / 2007
b) Mobile No. 9038996616, 7044084034 c) email id : sudhashatvs@gmail.com
9. Respondent(s)/Opposite party (parties) The State of West Bengal and others & Anr./Ors.
10. Gender of the Respondent(s)/ Opposite
Party (parties) :
11. Complete postal address (with PIN code) of the
Respondent(s)/Opposite party (parties) : The State of West Bengal
12. Respondent(s)/Opposite Party (parties)
Advocate
13. Subject Category Code (see Table III) : 311000 Group : C Sub - group : 11
14. Case Stage Code ( See table II) : 06 (Application for Bail)
15. Act (s) : The Code of Criminal Procedure, 1973 Year 1973
16. Rule (s) :
17. Working Section Code : Mandamus (10)
(see Table V)
18. Date of Filing :
19. Connected Case Type : NDPS NO. 2397 OF 2020
20. Lower Court Information (If any) : Eco Park Police Station Case No. 145 of 2020 dated 13/08/ 2020
Lower Court Details : District/High/Tribunal District: Session Judge, Barasat, North 24 Parganas
Coram: Ld. Add. Dist. & Sessions Judge 06th Court, Barasat, North 24 Parganas, : District Code (Table VI)
18
Lower Court Case No… N.D.P.S. Case N Case No. 164 of 2020
Judgement/Order Dated: 29th April, 2023 : Date of Transfer : 14/08/2020
Connected Lower Court Cases :
21. To be listed Main/Application on / /2023 In Court no. …28…… The Hon’ble Justice Joymalya Bagchi
and The Hon’ble Justice Ajay Kumar Gupta
22. Spl. Information (if any)
Dated : / /2023

Signature of the Advocate for the petitioner (s)

RECEIPT
Received Case Type : No. of 20………
Submitted on
Signature of the Section Officer/Superintendent,
Central Filing Section.
N.B. Any entry not applicable be simply penned through.
 DISTRICT: NORTH 24 PARGANAS
IN THE HIGH COURT AT CALCUTTA
CRIMINAL MISCELLANEOUS JURISDICTION
(APPELLATE SIDE)
C.R.M. (N.D.P.S.) NO. OF
2023
-AND-
IN THE MATTER OF:
An application under Section 438 of
the Code of Criminal Procedure
1973.
-AND-
IN THE MATTER OF:
Saddam Hossain @ Chaina
… … Petitioner
-Versus-
The State of West Bengal
… … Opposite Party

BRIEF LIST OF DATES

Sl.Sr. No. Dates Particulars

1. 13th August, 2020 Complaint lodged.
2. 18th January, 2021 Charge Sheet filed.
20th October, 2021 Supplementary Charge Sheet filed.
4. 29th April, 2023 Application for bail of the petitioner was
lastly rejected.
DISTRICT: NORTH 24 PARGANAS
IN THE HIGH COURT AT CALCUTTA
CRIMINAL MISCELLANEOUS JURISDICTION
(APPELLATE SIDE)
C.R.M. (N.D.P.S.) NO. OF
2023
-AND-
IN THE MATTER OF:
An application under Section 438 of
the Code of Criminal Procedure
1973.
-AND-
IN THE MATTER OF:
Saddam Hossain @ Chaina
… … Petitioner
-Versus-
The State of West Bengal
… … Opposite Party

Synopsis

F.I.R. lodged against the petitioner and another u/s 21 (C) of

N.D.P.S. Act. Charge Sheet and supplementary charge sheet filed u/s
21 (C) / 29 of N.D.P.S. Act. Co accused released on bail. No progress in
trial.
 Enrolment No. WB/1178/2007
Advocate
DISTRICT: NORTH 24 PARGANAS

Through
IN THE HIGH COURT AT CALCUTTA
CRIMINAL MISCELLANEOUS JURISDICTION
(APPELLATE SIDE)
C.R.M. (N.D.P.S.) NO. OF 2023
In the matter of :
An application under Section 439 of
The Code of Criminal Procedure,
1973.
-And-
In the matter of:
Orders dated 29th April, 2023 passed
The Learned Additional District and
Sessions Judge 06th Court, Barasat,
North 24 Parganas, in N.D.P.S. Case
N Case No. 164 of 2020 in connection
with Eco Park Police Station Case No.
145 of 2020 dated 13th August, 2020
under Sections 21 (C) of The Narcotic
Drugs and Psychotropic Substances
Act, 1985 Charge Sheet No. 03 of
2021 under Sections 21 (C) / 29 of
The Narcotic Drugs and Psychotropic
Substances Act, 1985, Supplementary
Charge Sheet No. 04 of 2021 under
Sections 21 (C) / 29 of The Narcotic
Drugs and Psychotropic Substances
Act, 1985 corresponding to NDPS NO.
2397 OF 2020;
-And-
In the matter of:
 -2 -

Saddam Hossain @ Chaina,

son of Late Akhtar Hossain @ Md.
Aktar Hossain @ Md. Aktar
residing at Pir Saheb More, Gahamari
Nagar, Insan Pally, Rajarhat Gpalpur
(M), Hatiara, Post Office – Hatiara,
Police Station - Eco Park, District:
North 24 Parganas, Pin Code –
700157.
… …Petitioner (In correctional
Home)
-Versus-
The State of West Bengal
… … Opposite Party
To
The Hon’ble Prakash Shrivastava, Chief Justice and His Companion
Justices of the said Hon’ble Court.
The humble petition on behalf of the
petitioner above named most
respectfully –
SHEWETH:
1. That your petitioner is a peace loving and law abiding citizens of
India and permanently residing with his family members at the address
mentioned in the cause title. That your petitioner state that your
petitioners in connection with in N.D.P.S. Case No. N Case No. 164 of
2020 in connection with Eco Park Police Station Case No. 145 of 2020
dated 13th August, 2020 under Sections 21 (C) The Narcotic Drugs and
Psychotropic Substances Act, 1985 corresponding to NDPS NO. 2397
OF 2020 filed an application for bail before The Learned Additional
District and Sessions Judge 06th Court, Barasat, North 24 Parganas on
04th October, 2021 and the Learned Judge upon hearing of the parties
 -3 -

has been pleased to reject the prayer for bail of the petitioner. That in
connection with the aforesaid N.D.P.S. Case on 31 st January, 2022 The
Learned Additional District and Sessions Judge 06 th Court, Barasat,
North 24 Parganas allow the petitioner to attend the ritual ceremony of
his deceased father. That in connection with the aforesaid N.D.P.S.
Case the petitioner again filed an application for bail before The Learned
Additional District and Sessions Judge 06th Court, Barasat, North 24
Parganas on 28th July, 2022 and upon hearing of the parties the
Learned Judge has been pleased to reject the prayer for bail of the
petitioner. That the petitioner again filed an application for bail before
The Learned Additional District and Sessions Judge 06 th Court,
Barasat, North 24 Parganas on 15 th March, 2023 and when the same
was came up for hearing the Learned Judge upon hearing of the parties
has been pleased to reject the prayer for bail of the petitioner. That the
petitioner filed an application for bail before The Hon’ble High Court,
Calcutta being C.R.M. NO.(N.D.P.S.) 513 OF 2023 and when on 27 th
March, 2023 the same was came up for hearing before The Hon’ble
Justice Joymalya Bagchi sitting with The Hon’ble Justice Ajay Kumar
Gupta Their Lordships upon hearing of the parties has been pleased to
reject the prayer for bail of the petitioner. That the petitioner again filed
an application for bail before the Additional Sessions Judge, 06 th Court,
Barasat North 24 Parganas and when on 29 th April, 2023 the same was
came up for haring the Learned Judge upon hearing of the parties has
been pleased to reject the prayer for bail of the petitioner That in
connection with the aforesaid N.D.P.S. Case the Petitioner filed this
application for bail for the second time before this Hon’ble High Court,
Calcutta.
That the Photostat copies of the orders dated 04 th October, 2021,
31st January, 2022, 28th July, 2022,15/3/23and order dated 27th
March, 2023 are annexed herewith and marked as Annexure – “P-1”
collectively.
 -4 -

2. That on 13th August, 2020 one Aditya Lama, Sub Inspector of

Police, Bidhannagar Police Commissionerate after arresting the
petitioner lodged complaint before the Inspector-in-Charge, Eco Park
Police Station against the petitioner that the petitioner is without any
proper document possessing three letters of Codeine Phosphate Liquide
Mixture. But it is very much surprising that the complainant signed the
complaint with a designation that he was a Sub Inspector of New Town
Police Station but in the body of the complaint he presenting himself as
one Sub Inspector of Eco Park Police Station. So, it is very much
confusing fact that at the time of lodging the complaint the complainant
belonging to which Police Station. That the petitioner since 13 th August,
2020 is in custody for 946 days. In connection with the aforesaid
complaint one New Town Police Station Case being No. 145 of 2020
dated 13th August, 2020 under Section 21 (C) The Narcotic Drugs and
Psychotropic Substances Act, 1985 was started against the petitioner.
That in connection with the aforesaid police case charge sheet dated
18th January, 2020 under Sections 21(C) / 29 The Narcotic Drugs and
Psychotropic Substances Act, 1985 was already been submitted on 14 th
August, 2020 against the petitioner and one Somnath Roy son of
Debebrata Roy resident of 513, Sahid Hemanta Kr. Basu Sarani,
Jawpur, Police Station – Dum Dum, Kolkata – 700 074. That again in
connection with the aforesaid police case one supplementary charge
sheet dated 20th October, 2021 with the chemical report dated 02 nd
July, 2021 was also submitted on 03rd January, 2022.
That the Photostat copies of the Complaint, First Information
Report, Charge Sheet, Supplementary Charge Sheet and Chemical
Report are annexed herewith and marked as Annexure – “P-2”
collectively.
3. That one of the co accused was granted bail from The Hon’ble
High Court at Calcutta on 29th July, 2021. That the condition of the
said bail i.e., “… the petitioner shall remain within the jurisdiction of
 -5 -

local police station and shall report to the Officer-in-Charge, of the said
police station once every fortnight…” was also waved on 07 th January,
2022.
That the Photostat copies of the orders dated 29 th July, 2021 and
07th January, 2022 are annexed herewith and marked as Annexure –
“P-3” collectively.
4. That the said Sub Inspector of Police after arresting and detaining
the petitioner informed the Inspector-in-Charge, of Eco Park Police
Station to send the Executive Magistrate to remain present during
search and seizer of the petitioner. That letter on the search and seizer
of the petitioner was done before the Officer – in -Charge Eco Park
Police Station. It is pertinent to mention herein that the petitioner is a
illiterate person and the police officers forcefully compelled him to put
his thumb impression in a blank paper and later on note down the
consent that the petitioner gives his consent towards his no objection if
search and seizer is done in front of the Inspector-in-Charge, Eco Park
Police Station.
5. That the petitioner states that the Gazetted officer of the same
department with the raiding party is not sufficient compliance of
Section 50 of the Narcotic Drugs and Psychotropic Substance Act, 1985
and search must be conducted in presence of Magistrate or a Gazetted
Officer who is totally independent and is not at all interested in the
success of the raid.
6. That the petitioner states that for the compliance of the provision
led down in the Section 50 of the Narcotic Drugs and Psychotropic
Substance Act, 1985 the detained person must be bring before the
Gazetted Officer or Magistrate not bring the Gazetted Officer or
Magistrate before the detained person, in the instant case the place of
arrest and the office of the Gazetted Officer are situated under same
locality and the Gazetted Officer Inspector-in-Charge Karandighi Police
Station went the said place for conducting the search and seizer of the
 -6 -

petitioner without any invitation of any Gazetted Officer though there

are several Government Officer near the place of arrest.
7. That your petitioner states that there was no progress of trial and
till date no person has been witnessed and the petitioner is remain in
custody for______________ days. That the prosecution even when the
chemical report was prepared on 02nd July, 2021 and supplementary
Charge Sheet was prepared on 20th October, 2021 finally both are
submitted on 03rd January, 2022. That even when on 06 th May, 2022
the charge was framed the prosecution failed to produce any evidence
and/or failed to witnessed any of the prosecution witness even there is
no independent witness. That the petitioner on 28th July, 2022, 04th
November, 2022 and 29th April, 2023 prayed for expeditors disposal of
the case but the same was rejected on the ground of workload.
That the Photostat copies of the orders dated 03rd January, 2022
and 04th November, 2022 are annexed herewith and annexed herewith
and marked as Annexure – “P-4” collectively.
8. That your petitioner states that the petitioner is no way connected
with the alleged incident and the ingredients of the offences are not
made out against the petitioner in the facts and circumstances of the
present case.
9. That your petitioner states that he is absolutely innocent and has
not committed any offences as alleged. They are falsely implicated in the
present case.
10. As the petitioner is permanent resident of the address mentioned
in the cause title, so there are no chance of his absconding.
11. The petitioner undertakes to co-operate with the investigating
agency and to abide by any condition that may be imposed by This
Hon’ble Court at the time of granting bail.
12. That the petitioner states that there is no other application for
bail of the petitioner is pending before any Court of Law in connection
with the present case.
 -7 -

13. That your petitioner submits that unless this application for bail
is allowed, the petitioners will suffer irreparable loss and injury.
14. This application is made bona fide and for the ends of justice.
In the circumstances, it is most
humbly prayed that Your Lordships
would graciously be pleased to pass
a) Allow the application for bail
of the petitioners above named in
connection with the Eco Park Police
Station Case No. 145 of 2020 dated
13th August, 2020 under Sections
21 (C) of The Narcotic Drugs and
Psychotropic Substances Act, 1985,
Charge Sheet No. 03 of 2021 under
Sections 21 (C) / 29 of The Narcotic
Drugs and Psychotropic Substances
Act, 1985, Supplementary Charge
Sheet No. 04 of 2021 under
Sections 21 (C) / 29 of The Narcotic
Drugs and Psychotropic Substances
Act, 1985 corresponding to NDPS
NO. 2397 OF 2020 in N.D.P.S. Case
N Case No. 164 of 2020 pending
before The Learned Additional
District and Sessions Judge 06th
Court, Barasat, North 24 Parganas;
And/or
b) Such other or further order
or orders and / or direction or
directions may be passed or may be
 -8 -

given as to this Hon’ble Court may

seem fit and proper.
And your petitioner as in duty bound shall ever pray.
 -9 -

AFFIDAVIT
I Ahamed Hussain, son of Late Akhtar Hossain @ Md. Aktar
Hossain @ Md. Aktar, residing at Pir Saheb More, Gahamari Nagar,
Insan Pally, Rajarhat Gpalpur (M), Hatiara, Post Office – Hatiara, Police
Station - Eco Park, District: North 24 Parganas, Pin Code – 700157, do
hereby affirm and say as follows:-
1. That I am the brother of the Petitioner no. 1and I am
looking after the instant matter and I am well acquainted with the facts
and circumstances of the case as such I am competent to affirm
affidavit.
2. That the statements made in paragraph No. 1 are based on my
knowledge which I verily believe to be true and the statements
contained in paragraph No. 2, 3 and 7 are the information derived from
records and rests are my respectful submissions before this Hon’ble
Court.

Prepared in my office. Deponent is known to me

Advocate. Clerk to Mr.

Enrolment No. WB/1178/2007 Advocate.
Solemnly affirmed before me
on this the day of , 2023.

Commissioner.
I certify that all annexure are legible

Advocate
 - 10 -

Enrolment No. WB/1178/2007

 District: North 24 Parganas
In The High Court at Calcutta
Criminal Miscellaneous Jurisdiction
(Appellate Side)

C.R.M. (N.D.P.S.) NO. OF

2023
In the matter of :
An application under Section
439 of The Code of Criminal
Procedure, 1973.
A n d
In the matter of :
Saddam Hossain @ Chaina
… … Petitioner (In
correctional Home)
-Versus-
The State of West Bengal
… … Opposite Party

BAIL APPLICATION

Mr. Nilanjan Adhikari

Advocate
Bar Association Room No. 11A
High Court, Calcutta.
9038996616, 7044084034
-2 -

E-mail:
sudhashatvs@gmail.com
Enrolment No. WB/1178/2007
 Nilanjan Adhikari  7044084034
Advocate Bar Association Room No. 11A
High Court, Calcutta
Kolkata- 700 001
Date:

To,
The Learned Public Prosecutor
High Court, Calcutta

Reference : C.R.M. NO. OF 2023

Saddam
Hossain @ Chaina
… … Petitioner
-Versus-
The State of West Bengal
… … Opposite Party

P.S. Case : Eco Park Police Station Case No. 145 of 2020
dated 13th August, 2020 under Sections 21 (C)
of The Narcotic Drugs and Psychotropic
Substances Act, 1985 Charge Sheet No. 03 of
2021 under Sections 21 (C) / 29 of The
Narcotic Drugs and Psychotropic Substances
Act, 1985, Supplementary Charge Sheet No.
04 of 2021 under Sections 21 (C) / 29 of The
Narcotic Drugs and Psychotropic Substances
Act, 1985 corresponding to NDPS NO. 2397
OF 2020.
Sir,

Please find enclosed herewith a advance copy of the aforesaid

application for Anticipatory Bail with all its annexure which was going to be filed
before The Hon’ble High Court at Calcutta in connection with the aforesaid Police
case and the same will be appeared before The Hon’ble Justice Joymalya Bagchi
sitting with The Hon’ble Justice Ajay Kumar Gupta on / /2023 or so
soon thereafter as and when the business of The Hon’ble Court may permits.

This is for your information and record.

Thanking you.

Yours truly

Enclose: As above.

Advocate