Mr. Inderjit Singh, J. (Oral) - Petitioner-Sukhwinder Singh @ Sabhi has filed this petition under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail in case FIR No.66 dated 27.05.2015, registered at Police Station Sadar Phagwara, District Kapurthala, under Section 22 of the NDPS Act, 1985.

2. Notice of motion was issued. Learned State counsel appeared and contested the instant petition.

3. I have heard learned counsel for the petitioner as well as learned State counsel and gone through the record.

4. From the record, I find that the present petitioner was apprehended alongwith intoxicating powder containing Diphenoxylate Hydrochloride. More than 50 grams of the aforesaid salt falls in commercial quantity. Perusal of record nowhere shows that the intoxicating powder has been weighed with digital scale. It is simply written that after making arrangements of scale, the powder was weighed. Nothing has been mentioned as to whether scale was digital or manual. There is every chance that recovery in the present case may fall in non-commercial quantity.

5. The petitioner has been in custody since 21.11.2016. He is not required for any investigation or in