BA.No.669/2023
-1-
NDPS.RA.783/2023
MHCC020118082023
Presented on
Registered on
Decided on
Duration
: 07-08-2023
: 07-08-2023
: 01-11-2023
: 0 years, 2 months, 25 days
IN THE SPECIAL COURT FOR NARCOTIC DRUGS AND
PSYCHOTROPIC SUBSTANCES ACT, 1985, AT GREATER BOMBAY
BAIL APPLICATION NO.669 OF 2023
IN
NDPS REMAND APPLICATION NO.783 OF 2023
Allauddin Mohammad Badgire
Age-45 years, Occ.-Auto Driver.
R/o.-Room NO.65, Kasam Nagar,
New Link Road, Andheri (W),
Mumbai.

.. Applicant/Accused.

VERSUS
The State of Maharashtra
(Through Versova Police Station
vide CR.No.163 of 2023.)

.. Respondent.

Advocate Mr. Mehboob Khan for the Applicant/Accused.
APP Ms. Geeta Nayyar for the State/Respondent.
CORAM : H.H. THE SPECIAL JUDGE (NDPS)
SHRI. A.V. KHARKAR
(C.R.NO.42)
DATE : 01st November, 2023.
ORDER
1.

This is an application for bail by applicant/accused Allauddin
Mohammad Badgire who has been arrested by Versova Police Station in
BA.No.669/2023
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NDPS.RA.783/2023
CR.No.163 of 2023, for the offence punishable under Section 8(c) read
with Section 22(b) of the Narcotic Drugs and Psychotropic Substance
Act, 1985, (for short, ‘NDPS Act’).
2.

Heard the Counsel for the applicant/accused and APP for the
State. Perused say.
3.

As per the case of the prosecution on 22.03.2023, the officers of
Versova Police Station were on patrolling duty.

They stopped two
wheeler. The accused was rider of two wheeler. During his search
narcotic substance Mephedrone (MD) was found from the possession of
Ibrahim Salim Shaikh.

From that person 62 grams of MD was
recovered. So also the weighing scale and 27 small plastic pouches
were recovered. During his investigation, he disclosed that he has got
the contraband from the present applicant.
applicant was arrested.

Hence, the present
Two grams of MD was recovered from the
present applicant.
4.

The contention of the applicant is that he is arrested only on the
basis of the statement made by the co-accused.

The quantity of
contraband seized from him is the small quantity and there is nothing
on record to show that there was any conspiracy between the applicant
and the co-accused.
5.

APP has resisted the application for bail inter alia on the ground
that the investigation is in progress. According to him, the commercial
quantity of contraband was recovered from accused no.2, so also plastic
pouches and weighing scale was recovered from the applicant no.1.
This would show that the accused no.1 was peddler in the narcotics. He
has named the present applicant.

From the present applicant also
BA.No.669/2023
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NDPS.RA.783/2023
narcotic substance was seized during his house searched. This would
show that the applicant was in possession of narcotic substance. It also
transpired that the applicant is involved in CR.No.149 of 2023 of the
same police station. The offence is also against the NDPS Act. The
matter is at the stage of investigation.

The police are collecting
evidence against the accused. In such case the applicant cannot be
released on bail only on the ground that the seized contraband is a non
commercial quantity. Hence, application for bail stands rejected and
the following order is passed:
Order
1.

Bail Application No.669 of 2023 stands rejected.

2.

Bail Application No.669 of 2023 in NDPS Remand Application
No.783 of 2023 is disposed off.

Date : 01.11.2023
Dictated on
: 01.11.2023
Transcribed on : 03.11.2023
HHJ signed on : 03.11.2023
(A. V. KHARKAR)
NDPS Special Judge,
City Civil & Sessions Court,
Gr. Bombay.

BA.No.669/2023
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NDPS.RA.783/2023
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
4.11.2023/10.59 a.m.

(Mrs. Pradnya S. Naik)
UPLOAD DATE AND TIME
NAME OF STENOGRAPHER
Name of the Judge (With Court room no.)

SHRI A.V.Kharkar
(C.R. No.42)
Date of Pronouncement of JUDGMENT/ 01.11.2023
ORDER
JUDGMENT/ORDER signed by P.O. on
3.11.2023
JUDGMENT/ORDER uploaded on
4.11.2023