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2014 Supreme(MP) 481

S.C.SHARMA
Mansingh Rajpoot – Appellant
Versus
State of M. P. – Respondent


Advocates:
Piyush Mathur with M.S. Dwivedi for petitioners;
Ms. M. Ravindran, Government Advocate for respondents/State.

ORDER

1. Regard being had to the similar controversy involved in above three cases, they have been heard analogously together with the consent of the parties and a common order is being passed in the matter. Facts of Writ Petition No.4564 of 2011(O) are narrated as under.

2. The petitioner before this Court is aggrieved by the order dated 13.5.2011 issued by the Collector, Mandsaur to make available remaining stock of poppy straw as on 31.3.2011.

3. Petitioner’s contention is that a licence was issued to the petitioner for the purposes of sale and purchase of poppy straw by the respondents, in light of powers conferred under sections 8, 10, 71 and 78 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred as ‘the NDPS Act, 1985’).

4. Petitioner’s contention is that every financial year, licences are issued for sale and purchase of poppy straw and a notification to that effect was issued on 17.2.2010. Petitioner was granted a licence is terms of Rules of 1985 i.e. Poppy Straw Licence II for sale and purchase of poppy straw for District Mandsaur group for the financial year 2010-2011 and he being the highest bidder was granted a licence. The licence was valid up





















































































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