IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH Criminal Miscellaneous No. M-24088 of 2008 Date of Decision: November 25, 2008 Virender Kumar @ Billu .....PETITIONER(S) VERSUS State of Haryana .....RESPONDENT(S) . . . CORAM: HON'BLE MR. JUSTICE AJAI LAMBA PRESENT: - Mr. R.N. Kush, Advocate, for the petitioner. Mr. Sidharth Sarup, Assistant Advocate General, Haryana. . . . AJAI LAMBA, J (Oral) This petition has been filed under Section 439 Cr.P.C. for bail to the petitioner in case FIR No.148 dated 20.5.2007 lodged for commission of offences under Section(s) 15 of Narcotic Drugs & Psychotropic Substances Act, 1985, with Police Station, Barwala, District Hisar. Learned counsel for the petitioner contends that case of the petitioner is at par with that of Krishan Kumar. Krishan Kumar has been allowed bail. No recovery has been effected from Krishan Kumar or from the petitioner, in so much as they were not arrested at the spot. Learned counsel for the respondent- Crl. Misc. No. M-24088 of 2008 [2] State, on instructions from Manjit Singh, Assistant Sub Inspector, states that the petitioner absconded and escaped from the process of law. He had to be declared Proclaimed Offender. He could be arrested only on 7.2.2008. I have considered the fact that 369 kgs of poppy husk has been recovered. Case of Krishan Kumar, who is stated to be the owner of the vehicle and is on bail, cannot be considered at par with that of the petitioner for the purposes of considering relief to be granted under Section 439 Cr.P.C. The petitioner absconded and had to be declared Proclaimed Offender. I have also been informed that as many as 11 witnesses have been examined. The reason for dismissing the application of the petitioner for bail on account of apprehension that he would misuse the concession, is not without foundation. The petition is dismissed. (AJAI LAMBA) November 25, 2008 JUDGE avin