Mr. Inderjit Singh, J. - Petitioner-Ravi has filed this petition under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail in case FIR No.214 dated 27.08.2015, registered at Police Station City Kapurthala, District Kapurthala, under Section 22 of the Narcotic Drugs and Psychotropic Substances 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 recovery of 60 grams of intoxicant powder containing Diphenoxylate Hydrochloride was effected from the present petitioner. More than 50 gram of the aforesaid salt falls in commercial quantity. Perusal of file shows that it is nowhere mentioned by the Investigating Officer as to which scale was used to weight the powder and to separate the samples of 10 grams each.

5. Keeping in view the fact that the powder was not weighed with the help of digital scale, there is every possibility that recovery may have fallen in non-commercial category. There may be error in weighing the powder, if it is weighed with ordinar