DISTRICT: HOWRAH

IN THE HIGH COURT AT CALCUTTA

(CRIMINAL MISCELLANEOUS JURISDICTION)

(Appellate Side)

C.R.M No of 2015

In the matter of

An application for Bail under section- 439

of the Code of Criminal Procedure, 1973

(as amended up-to date).

-And-

In the matter of

An order dated 07/05/15 passed by the

Learned 3rd Additional District & Session’s

Judge Court at Howrah, whereby rejecting

the petitioner prayer for bail, in

connection with the T.R No. 10/2015,

corresponding to Jagacha Police Station

Case No. 12 of 2015 dated 08/04/15,

under sections 20(b)(ii)(B)(C) of the

Narcotics Drugs and Psychotropic

Substances Act, presently pending before

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the Court of Learned 3rd Additional District

& Session’s Judge’s Court at Howrah.

-And-

In the matter of

1. Bhola Das

Son of Late Sankar Das, of 22 No. P.M

Basti, 1st Bye Lane, Police Station -

Shibpur, Howrah…

2. Dipu Singh

Son of Sunil Singh, of 5, Dharmadas

Ganguly Lane, Police Station - Shibpur,

Howrah ….

…Petitioners in custody

-Versus-

The State of West Bengal

…..Opposite Party

To,

The Hon’ble Mrs. Manjula Chellur, Chief Justice and Her companion Justices

of the said Hon’ble Court.

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The humble petition of the petitioner

named above.

Most Respectfully Sheweth:

1. That this is the first bail application before this Hon’ble High Court by

the present petitioners in connection with the instant case. The

petitioners were arrested on 08/04/15 and since then he is languishing

in custody without any reasonable cause for about 143 days and the bail

petition for the present petitioners in connection with the Jagacha P.S.

Case No. 12/2015 dated 08/04/15 has been rejected on 07/05/2015 by

the Court of Learned 3rd Additional District & Session’s Judge at Howrah.

However no application for bail has been filed earlier before this Hon’ble

Court by the present petitioner in connection with the instant case.

2. That the petitioner no. 1 is aged about 30 years and he works in Howrah

Jute Mill as a labour, whereas petitioner no. 2 is aged about 26 years

and he works in Howrah Mongla Haat and both of them are peace loving

and law abiding citizens of India permanently residing at the addresses

stated in the cause title and no prior case or FIR has been filled against

the petitioners.

3. That on the basis of the written complainant dated 08/04/15 lodged by

Sudip Chakraborty, Sub Inspector of Police, Jagacha Police Station, the

instant Jagacha Police Station Case no. 12/15 has been commenced

against the present petitioners and others alleging inter alia that –
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‘on 08/04/15 the complainant received a source information at

about 18.05 hrs, to that effect that at about 20.00 hrs one

notorious rough namely Bhola Das and his associates would come

with two motor cycles at Garpa Crossing on Kona Express Way to

deliver huge quantity of Ganja to their counterpart of Bankra. On

the basis of such source information the complainant along with

other police personnel reached Garpa Crossing and arranged some

local people as witnesses. At about 20.10 hrs the raiding party saw

two motorcycles to approach the spot and upon identification by

the source the police apprehended the riders of those motor cycles.

Among them, two suspects were jointly riding on one motor cycle

(Hero CBZ Extreme) and they were carrying a heavy white colour

plastic bag. The other suspect was riding the other motor cycle

(Pulsar) and was carrying a black pack on his back. Thereafter the

complainant prepared an inventory list of possessions of the

raiding party and the suspects disclosed their respective identities

as i) Bhola Das, ii) Dipu Singh and iii) Wasim @ Rajesh (present

petitioner). The suspects also agreed to be searched by a Gazette

officer and accordingly in front of Sri Nanda Dulal Ghosh,

Inspector of Police, Jagacha Police Station, the suspects were

searched by the complainant. Upon search one white colour plastic

bag from Bhola Das and Dipu Singh and another black coloured

back pack containing another white colour plastic bag was

recovered from Wasim @ Rajesh. Both the white colour plastic bags

contained Ganja. Whereas the Ganja contents of the first plastic

bag weighed about 21 Kg 500 gms, the other plastic bag contained
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8 Kgs 400 gms of Ganja. All those contraband articles were seized

under proper seizure list; samples were collected therefrom and

properly sealed and labeled. Moreover cash of Rs 130/ from Bhola

Das, Rs 600/- from Dipu Singh and Rs 2790/- from Wasim @

Rajesh (present petitioner) were recovered. Thereafter those

suspects were arrested and were taken into custody.”

A photocopy of the F.I.R is annexed herewith and marked as

‘Annexure P-1’.

4. That the present petitioners were falsely implicated in the case and after

being arrested by the police they were taken into custody without any

reason whatsoever.

5. That the allegation in the F.I.R reveals that 21 kg 500 gms of Ganja has

been allegedly recovered from the present petitioners, and except some

vague allegation there is no evidence against the present petitioners to

incriminate them in the instant case.

6. That it is submitted that the proper procedure for search, seizure and

arrest as laid down by the NDPS Act has not been followed by the

investigating authority which has rendered the search and seizure

complete illegal.

7. That one other co-accused person, namely Wasim @ Rajesh has already

been released on bail by this Hon’ble High Court by their Lordships

Hon’ble Justice Nishita Mhatre and Tapas Mookherjee in C.R.M No. 5307

of 2015.
 6

8. That the investigation of the case has already been completed and since

the charge sheet has also been filed, therefore there is no chance of

arresting any other accused persons as well as there is also no possibility

of recovery of any incriminating evidence any further.

9. That the petitioner states that the petitioners are languishing in custody

for about 143 days without any intentional fault on their part, which has

caused immense prejudice to them and his family members.

10. That the petitioners undertake to cooperate with the investigating

authority as and when required and also undertake to remain present in

the trial on every occasion without any fault.

11. That the petitioners are very poor persons and they have nobody to look

after their family members except them.

12. That the petitioners are the permanent residents of the locality and as

such there is no chance of their absconding or evading the procedure of

trial.

13. That the petitioners most humbly pray that they may be released on bail

in connection with this case on any condition for the ends of Justice.

14. That the petitioners undertake to cooperate and abide by the procedure

of the trial with all possible measures and further undertake to abide by

all such condition as may be imposed upon them by Your Lordships.

15. That the instant application is made bonafide and in the interest of

justice.
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In the above facts and circumstances it is

most humbly prayed that Your Lordships

may graciously be pleased to release the

present petitioners on bail in connection

with the T.R No. 10/2015, corresponding

to Jagacha Police Station Case No. 12 of

2015 dated 08/04/15, under sections

20(b)(ii)(B)(C) of the Narcotics Drugs and

Psychotropic Substances Act, presently

pending before the Court of Learned 3rd

Additional District & Session’s Judge’s

Court at Howrah, on any condition for the

ends of justice.

And

May further be pleased to pass any other

order/ orders as to Your Lordships may

deem fit and proper.

And for this act of kindness Your petitioners as in duty bound shall ever pray.
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AFFIDAVIT

I, Manju Das, Wife of Bhola Das, aged about 34 years, by faith- Hindu, by

occupation - Housewife, residing at 22 No. P.M Basti, 1st Bye Lane, (House No.

1 to 15) 31 Shibpur, Howrah 711102, do hereby solemnly affirm and say as

follows: -

1. That I am the wife of the petitioner no.1 of the instant application for bail

and I am well acquainted with the facts and circumstances of the case and I

am competent to swear the affidavit being duly authorized by the petitioners.

2. That the statement made in paragraphs are

true to my knowledge, those made in paragraphs are

based on the information derived from the petitioners, those made in

paragraphs are matter of record which I verily believe to be

true and rest are the humble submissions of the petitioner before this Hon’ble

Court.

Prepared in my office The deponent is known to me.

Advocate. Clerk to

I certify that all annexure are legible Advocate

Advocate

Solemnly affirmed before me on

this the day of August, 2015.

COMMISSIONER
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DISTRICT : HOWRAH

IN THE HIGH COURT AT CALCUTTA

(Criminal Miscellaneous Jurisdiction)

C.R.M NO. of 2015

In the matter of
An application for Bail under section 439 of
the Code of Criminal Procedure, 1973 (as
amended up-to date).

-And-
In the matter of

Bhola Das & Anr.

.….Petitioner
-Versus-
The State of West Bengal
….Opposite party

APPLICATION FOR BAIL

DIBAKAR CHAKRABORTY
Advocate
Bar Association, Room No. 11,
High Court, Calcutta.
98*******7