Ms. Daya Chaudhary, J. (Oral) - The present petition has been filed by petitioner-Nitin Rajput @ Raman under Section 439 Cr.P.C. for grant of regular bail in case FIR No.3 dated 03.01.2018 registered under Section 22/61/85 of the Narcotic Drugs and Psychotropic Substances Act, 1985 at Police Station Garhshankar, District Hoshiarpur.

2. Learned counsel for the petitioner submits that the Avil injections does not fall under the NDPS Act and the alleged recovery of 12 injections of Buprenorphine are marginally higher than the commercial quantity. 100 doses of buprenorphine can be possessed by an individual in view of Rule 66 of the NDPS Act. Learned counsel further submits that the consent memo is also fabricated document as it bears the FIR number, which shows the false implication of the petitioner and no Gazetted Officer or Magistrate was joined at the time of alleged recovery. Learned counsel also submits that under the similar circumstances, one accused, namely, Iqbal Singh, was released on regular bail by this Court vide order dated 05.09.2018 passed in Criminal Misc. No. M-20545 of 2018 in FIR No.242 dated 25.10.2017 under Section 22 of the NDPS Act. Similarly, in anot