Ms. Daya Chaudhary, J. (Oral) - This petition has been filed by petitioner accused Raj Kumar for grant of regular bail to him in case FIR No.86 dated 11.09.2017 registered under Sections 22/61/85 of the NDPS Act at Police Station Fatehgarh Panjtoor, District Moga.

2. Learned counsel for the petitioner submits that earlier the petitioner was released on interim bail as the FSL report was not received. Now, the petitioner has undergone custody of more than one year. In one case under the Excise Act, the petitioner was released on probation. In two other cases under the NDPS Act, small recovery was there and he is already on bail. Learned counsel also submits that as per FSL report received from the Chemical Examiner, the contents recovered from the petitioner was Diphenoxylate Hydrocloride and it does not fall under the ambit of NDPS Act. The bail application filed by the petitioner before the lower Court was dismissed only on the ground that it was a commercial quantity and falls within the ambit of commercial quantity by attracting the provisions of Section 37 of the Narcotic Drugs and Psychotropic Substances Act. The petitioner remained behind bars from 11.09.2017 to 29.1