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Documents citing Arvind Chandwani vs The State Of Madhya Pradesh on 28 April, 2016

Anita Gupta vs Central Narcotics Bureau Gwalior on 24 April, 2023

(g) where a criminal proceeding is manifestly attended with mala fide and/or where the proceeding is maliciously instituted with an ulterior motive for wreaking vengeance on the accused and with a view to spite him due to private and personal grudge.'' (4) On relying the judgments of Amrik Singh vs. State of Punjab 1996 CriLJ 3329, Ashok Kumar Vs. Union of India decided on 15-10-2014 in CrA 2976 of 2014 as well as the judgments passed by this High Court in the case of Arvind Chandwani vs. State of MP decided on 28-04-2016 MCRC 19922 of 2015, Shiv Kumar Gupta vs. State of MP decided on 16-02-2015 in CRR 200 of 2015 and Rajendra Bandil @ Raju Bandil vs. State of MP and Others, decided on 27-04-2022 in MCRC 13546 of 2016, it is contended that since there is no violative of any provisions of NDPS Act, offence under NDPS Act for which petitioner- accused was in possession of alleged cough syrups is made out out and she is liable to be discharged from the alleged offence.
Madhya Pradesh High Court Cites 14 - Cited by 0 - D K Agarwal - Full Document

Shafiq Khan vs The State Of Madhya Pradesh on 24 July, 2020

3. The applicant filed this petition for invoking inherent powers for quashing the final report prepared under Section 173 of Cr.P.C against the applicant on the ground that no offence of any provision of NDPS Act is made out against the applicant. Learned counsel for the applicant draws attention of this Court towards the Gazette Notification dated 30 th August, 2013 and letter issued by Drug Controller General of India time to time and vehemently argued that whatever drugs seized from the possession of the applicant, it come under the manufactured drugs. No provision of NDPS Act would be attracted if the drug is manufactured drug. Each Onerex bottle is having permitted limit of codeine narcotic drug, not forms any ingredients of any offence under NDPS Act. Police has wrongly submitted charge sheet against the applicant for the offence punishable under Section 8 read with Sections 21 and 22 of NDPS Act. Learned counsel also draws attention of this Court towards some orders passed by this Court i.e. order dated 16/5/2015 passed Cr.Rev. No.200/2015 (Shiv Kumar Gupta Vs. State of M.P.), order dated 15th October, 2015 passed in Criminal Revision No.1621/2015 (Rohit Chadha Vs. State of M.P.), order dated 28/4/2016 passed in M.Cr.C. No.19922/2015 (Arvind Chandwani Vs. State of M.P.), order dated 1/9/2017 passed in M.Cr.C. No.837/27. In all above mentioned orders, this Court opined that if any manufactured drugs seized from the possession of any person, if the person is not having valid documents for keeping that drug in 3 his possession, he commits the offence under the provisions of M.P. Drugs Control Act but does not commit any offence under the any provisions of NDPS Act .It has been prayed to set aside the charge sheet to the extent of offence of NDPS Act. In these premises, prayer is made to stay the entire criminal proceeding.
Madhya Pradesh High Court Cites 17 - Cited by 0 - V P Chauhan - Full Document

Ajay Gupta vs The State Of Madhya Pradesh on 1 September, 2017

Similarly, vide order dated 28.04.2016, passed in M.Cr.C. No. 19922/2015 (Arvind Chandwani Vs. The State of Madhya Pradesh), 372 boxes of Phensedyl Cough Syrup bottles of 100 mg were seized and 37,200 bottles were seized. The Co-ordinate Bench of this Court has quashed the proceeding for offence under Sections 8, 21, 22 of Narcotic Drugs & Psychotropic Substances Act, 1985.
Madhya Pradesh High Court Cites 11 - Cited by 0 - Full Document

Kamlesh Mali vs The State Of Madhya Pradesh on 10 August, 2018

Similarly, vide order dated 28.04.2016, passed in M.Cr.C. No. 19922/2015 (Arvind Chandwani Vs. The State of Madhya Pradesh), 372 boxes of Phensedyl Cough Syrup bottles of 100 mg were seized and 37,200 bottles were seized. The Co-ordinate Bench of this Court has quashed the proceeding for offence under Sections 8, 21, 22 of Narcotic Drugs & Psychotropic Substances Act, 1985.
Madhya Pradesh High Court Cites 11 - Cited by 0 - Full Document
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