Saddam Hussein @ Saddam Hossain and Anr. v. the State of West Bengal
Case brief
What is this about?
NDPS bail granted on non-compliance with Section 42(2) (72-hour copy to official superior) rebutting Section 37 restrictions; State counsel conceded lapse; Section 42(2) treated as mandatory per cited precedents (Abdul Rakib v. State of West Bengal, CRM NDPS 546 of 2023; Boota Singh v. State of Haryana, 2021 SCC Online SC 324); charges under Sections 21(c)/22(c)/27(a)/29 NDPS Act (Falakata PS Case 82 of 2024, 1.3.2024); custody 255 days; bond Rs.25,000 each, two sureties Rs.12,500 each (one local), Special Court NDPS Alipurduar; fortnightly reporting; Calcutta High Court Jalpaiguri Circuit Bench; Arijit Banerjee J. (author), Biswaroop Chowdhury J.; allowed 11.11.2024; CRM (NDPS) 477 of 2024.
What did the court decide?
Release of Saddam Hussein @ Saddam Hossain and Hafiful Rahaman on bail upon bond of Rs.25,000/- each with two sureties of Rs.12,500/- each (one local) to the satisfaction of the Special Court under the NDPS Act at Alipurduar, subject to remaining within local police station limits, fortnightly reporting to the local Officer-in-Charge, appearance at every trial hearing, no witness intimidation or evidence tampering or cognizable offence, with trial-court liberty to cancel bail on unjustified breach.