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As per prosecution case, on 28.04.2017, about 885 kgm. Alprazolam was recovered from the possession of the applicant and in those circumstances, a criminal case has been registered against the present applicant.

During the pendency of the proceedings, the drug was sent to Central Forensic Science Laboratory, Hyderabad and the report is available with the case-diary dated 12.03.2018. In the report, it has been categorically stated that Alprazolam, Phenolphthalein and Chloroquine have not been detected in the sample. Kaifeen and Paracetamol have been detected in the sample.

Learned counsel has argued before this Court that on account of presence of Kaifeen and Paracetamol, no case is made out under Section 8/22 and 29 of N.D.P.S. Act.

Learned government advocate has fairly stated before this Court that only Kaifeen and Paracetamol have been detected in the sample.

HIGH COURT OF MADHYA PRADESH: BENCH AT INDORE M.Cr.C. No.8323/2018 (Shahrukh Vs. The State of Madhya Pradesh ) (-2-) This Court after hearing the learned counsel for the parties and after going through the record, is of the opinion that the application deserves to be allowed and is, accordingly, allowed.