Mumbai, Thane [Current Location] – April 15, 2025 – The Special Court for Narcotic Drugs and Psychotropic Substances Act, 1985, at Greater Bombay, has rejected the bail application of Allauddin Mohammad Badgire, accused in CR.No.163 of 2023 registered at Versova Police Station. The order, dated November 1, 2023, was issued by H.H. the Special Judge (NDPS) Shri A.V. Kharkar (C.R.No.42) in Bail Application No. 669 of 2023, which was filed in NDPS Remand Application No. 783 of 2023.
Badgire, 45, an auto driver, was arrested for offenses punishable under Section 8(c) read with Section 22(b) of the NDPS Act, 1985, for his alleged involvement in drug trafficking.
According to the prosecution’s case, on March 22, 2023, Versova Police Station officers on patrol stopped a two-wheeler ridden by Badgire. During a search, they recovered 62 grams of Mephedrone (MD), a weighing scale, and 27 small plastic pouches from the possession of Ibrahim Salim Shaikh, who was also on the two-wheeler. During the investigation, Shaikh allegedly disclosed that he had obtained the contraband from Badgire. Subsequently, Badgire was arrested, and a search of his house reportedly led to the recovery of two grams of MD.
Advocate Mr. Mehboob Khan, representing Badgire, argued that his client’s arrest was solely based on the statement of the co-accused, Ibrahim Salim Shaikh. He contended that the quantity of contraband seized from Badgire was a small quantity and that there was no evidence on record to establish any conspiracy between the applicant and the co-accused.
However, APP Ms. Geeta Nayyar, representing the State, vehemently opposed the bail application. She argued that the investigation was still in progress and highlighted the recovery of a commercial quantity of MD, along with plastic pouches and a weighing scale, from the co-accused Shaikh, indicating his involvement in peddling narcotics. She pointed out that Shaikh had named Badgire as his supplier. Furthermore, Ms. Nayyar emphasized the recovery of MD from Badgire’s residence during a search, demonstrating his possession of narcotic substances.
A significant point raised by the prosecution was Badgire’s alleged involvement in another NDPS case (CR.No.149 of 2023) at the same police station. The APP argued that with the investigation still underway and evidence being collected against Badgire, he could not be released on bail solely based on the quantity of contraband seized from him being non-commercial.
Considering these factors, Special Judge Kharkar rejected Badgire’s bail application, stating in the order:
- Bail Application No. 669 of 2023 stands rejected.
- Bail Application No. 669 of 2023 in NDPS Remand Application No. 783 of 2023 is disposed off.
The order, dictated on November 1, 2023, transcribed on November 3, 2023, and signed on the same date, highlights the court’s consideration of the ongoing investigation, the recovery of contraband from the applicant’s residence, and, crucially, the applicant’s alleged involvement in a prior similar offense. These factors outweighed the defense’s argument regarding the small quantity of MD recovered from Badgire himself and the reliance on the co-accused’s statement. The court’s decision underscores the seriousness with which repeat offenses under the NDPS Act are viewed and the importance of the stage of investigation in bail considerations.