ORDER :

SATYEN VAIDYA, J.

1. By way of instant petition, petitioner has prayed for the following reliefs:-

(i) Issue a Writ in the nature of Mandamus directing the official respondents to protect the life and liberty the petitioner, her family and safety of their property, which is under direct attack and threat of the Punjab Police, who have illegally detained her husband, seized the factory and have taken away medicine worth lacs without any authority of law;

(ii) For the issuance of appropriate directions to the respondents to immediate release husband of the petitioner who is in illegal detention of the Punjab Police;

(iii) For the issuance of appropriate directions to the respondents to ensure that the accounts books of the factory are not destroyed by Punjab Police to build up a false case against her husband and for directing immediate unlocking of the factory and release of manufactured drugs illegally seized by the Punjab Police;

(iv) For issuance of appropriate directions to the respondents to stay further proceedings against the petitioner and her daughter till the pendency of the present petition.

2. Petitioner is the wife of Mohnish Mohan who is one of the accused arrayed in FIR number 51(for short, “FIR 51”) dated 18.5.2021 registered under Sections 22 & 29 of the Narcotics Drugs and Psychotropic Substances Act, 1985 (for short, “NDPS Act”), at Police Station, Mattewal, District Amritsar (Rural), Punjab and is presently in judicial custody. She has approached this Court on the premise that Mohnish Mohan has been illegally arrested and she also apprehended her as well as her daughter’s arrest.

3. As per the case of the petitioner, her husband runs a business in the name and style of Unique Formulations registered as an “MSME” at Paonta Sahib District Sirmour, H.P. and has obtained licenses from competent authority under the Drugs and Cosmetics Act (for short, “D&C Act”) and Rules framed thereunder (for short, “D&C Rules”) to manufacture and sell the drugs.

4. The arrest of Mohnish Mohan has been alleged to be in violation of his fundamental rights. It is stated that the drugs recovered in aforesaid F.I.R. were sold by Unique Formulations to M/S Mansi Medicos, New Delhi against proper invoices. It is further contented by petitioner that after the receipt of consignment of medicines by the consignee, Unique Formulations or Mohnish Mohan were not responsible, if the drugs supplied by them had found their way out.

5. Petitioner has further alleged that the raid conducted by Punjab Police, in the premises of Unique Formulations, was absolutely illegal and unauthorized. Manufactured drugs worth more than Rupees fifty lakhs were alleged to have been seized illegally along with books of accounts including bills/ demand orders/supply orders etc. The conduct of the raiding party comprising of police officials and Drug Inspectors has been assailed as an act of sheer high handedness.

6. Accusation of false implication of Mohnish Mohan for malafide and extraneous motives have also been made. It is alleged that police did not follow the mandatory provisions of Section 42 and 50 of NDPS Act while conducting raid and seizure in the premises of Unique Formulations.

7. On notice, the respondents have contested the allegations and claim of the petitioner. During the course of proceedings in the instant petition, status reports have been filed from time to time on behalf of responsible officers of respondents and thereby It has been brought to the notice of this Court as under:

7.1 F.I.R. 51 was registered on a secret information, which was found to be correct and huge quantity of approximately 50,000 (fifty thousand) tablets of Tramadol Hydrochloride Tablets IP Clocidol-100 SR were seized (for short, “seized drugs”) from three persons, namely, Sameer Kumar, Suraj Kumar and Gurmukh Singh within the jurisdiction of PS Mattewal, Punjab.

7.2 The seized drugs were found to have been manufactured by Unique Formulations, Paonta Sahib, Himachal Pradesh