JUDGMENT

Tejinder Singh Dhindsa, J. - Matter has been taken up through Video Conferencing via Webex facility in the light of the COVID-19 situation and as per instructions.

2. Petitioner seeks benefit of regular bail pending trial in FIR No.144 dated 12.08.2014 under Section 22 of NDPS Act, registered at Police Station Kambo, District Amritsar Rural.

3. Counsel for the parties have been heard.

4. As per prosecution version, alleged recovery of 100 grams of Dephenoxylate was effected from the petitioner.

5. Prayer in the instant petition is being opposed on the ground that the recovery effected would be construed as commercial quantity. Further submission made by learned State counsel is that the petitioner had evaded trial proceedings and had been declared as proclaimed offender and by virtue of such conduct he is disentitled to the concession of bail.

6. Counsel for the petitioner has placed reliance upon notification dated 03.09.1987 issued by the Government of Punjab, Department of Excise and Taxation and in terms of which it is only officers of the rank of ASI and above who could have exercised the powers and perform the duties specified under Sections 42 and 67 of the NDPS Act.