Hon’ble Uma Nath Singh, J.—We have heard learned counsel for parties and perused the pleadings of writ petitions.

2. This order shall also dispose of Writ Petition No. 21 (H/C) of 2014 as both these matters impugn somewhat identical grievance and raise similar questions of law.

3. Writ petition No. 455 (H/C) of 2013, has been filed with prayers: (i) for issuance of a writ of habeas corpus or a writ, order or direction in the nature of habeas corpus to set the petitioner free forthwith who is illegally detained in pursuance of Arrest Memo dated 18.9.2013, as contained in Annexure 2; (ii) for issuance of writ, order or direction of appropriate nature declaring the seizure memo and arrest as null and void with direction to release the petitioner from the custody of respondent No. 5 forthwith, and (iii) for grant of any other relief, which this Court may deem just and necessary in the facts and circumstances of the case. Besides the above, the petitioner has made the prayer for allowing the writ petition with costs.

4. Brief facts of the case leading to filing of Writ Petition No. 455 of 2013 (H/C) are that the petitioner is working as Territory Sales Manager in the Trade Management Department under Operation Division of M/s Abott Health-care Private Limited (For short, ‘the Company’). His job is only to procure orders from stockists for supply of various pharmaceutical products including PHENSEDYL COUPH SYRUP to them and forward/place the orders to Carry Forward Agents (for short, ‘the CFA’) of the Company. The petitioner claims to have no any further or other role, and thereafter, the duty of the CFA starts to ensure supply to each Stockist as per their orders by completing necessary formalities like raising of invoice/billing etc. of the products of the Company including the delivery to and receipt of the consignment by the Stockist and collection of cheques/demand drafts/pay orders in the name of the Company. It is also an averment on behalf of the petitioner that at the end of every month, the petitioner in the capacity of Territory Sales Manager receives closing stock and sales statement from every Stockist showing the availability of stocks with them during that month which is forwarded by him as Territory Sales Manager to an outside Agency hired by the Company. The purpose of maintaining closing stock entry is that the Company must have monthly knowledge about the primary sale made to the Stockist through their orders and thereafter the sale of products by them in the market through secondary sale. From such statement, generally, there is no information as to whom an Stockist has sold its product.

5. The petitioner submits that PHENSEDYL COUGH SYRUP alongwith other products manufactured by the Company are handed over to the CFA of the Company and the CFA of the Company sells it to various Stockists having Drug License issued by the respective Drug Authorities. The Stockists thereafter sell PHENSEDYL COUGH SYRUP alongwith other products in the market through sub-stockists or retailers directly and the petitioner has no role whatsoever in the transaction of sale, supply or delivery of PHENSEDYL COUGH SYRUP or other products by the Stockists to its Sub-stockists or Retailers.

6. In the instant case, the dispute relates to seizure of PHENSEDYL COUGH SYRUP from one M/s Simran Pharma. The drug is sold in the market under two categories i.e. 50 ml and 100 ml quantity. The label affixed on bottles display the details composition including the quantities of various ingredients for preparation of PHENSEDYL COUGH SYRUP. As per label, the SYRUP contains the ingredients, the details of which per 50 ml are as follows :

1. Codeine Phosphate -10 mg.

2. Chlorophinarmine Maleate -04 mg.

7. One of the ingredients as contained in PHENSEDYL COUGH SYRUP is Codeine Phosphate which being an opiate is also used for its analgesic and anti-tussive and other medicinal properties.

8. Sub-clause (b) of Section 2(xi) of the Narcotic Drugs and P