Order 27

Order Details: COPY OF ORDER
Pdf Text: IA 3/25 SC 276/21
NCB VS KULWA YOHANA MARTINE
28.11.2025
Present: Sh. Mukeysh Malik, Ld. SPP for NCB.
Ms. Gunjan Gupta, Ld. counsel for
applicant/accused.
Vide my separate order of even date, the present
application is dismissed and disposed off accordingly.
Copy of the order be given dasti as well as be sent to
jail superintendent for supplying the same to accused in jail.
(Atul Ahlawat)
ASJ/Spl. Judge, NDPS/N Delhi
28.11.2025
IA 3/25 SC 276/21
NCB VS KULWA YOHANA MARTINE
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IA 3/25 SC 276/21
NCB VS KULWA YOHANA MARTINE
28.11.2025
ORDER
1. Vide the present order, I shall dispose of the application
filed by the applicant/accused u/s 484(2) of BNSS, 2023 seeking
waiver of the condition of furnishing the surety and enlarging the
applicant/accused on personal bond on behalf of the
applicant/accused Kulwa Yohana Martine.
2. It has been submitted by the Ld. Counsel for the
applicant/accused no other bail application/application seeking
reduction of surety bonds is filed by the applicant/accused is
pending before the Hon’ble Supreme Court of India or the
Hon’ble High Court of Delhi.
3. It has been submitted by the Ld. Counsel for the
applicant/accused that the applicant/accused was granted regular
bail by this Court vide order dated 06.10.2025. As per the
conditions imposed in the said order, the applicant/accused was
admitted to bail subject to furnishing bail bond in the sum of Rs.
1,00,000/- with two sureties of the like amount. The
applicant/accused moved another application u/s 484 (2) of
BNSS seeking reduction of the surety amount and same was
allowed by this Court vide order dated 27.10.2025, wherein the
amount of personal bond and surety bond was reduced to
50,000/- and the applicant/accused was allowed to be released on
furnishing the personal bond/surety bond in a sum of Rs.
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50,000/- and after his release he was directed to deposit Rs.
50,000/- in cash or FDR and was further directed to produce one
surety in the sum of Rs. 50,000/-, within two weeks of his
release.
4. It has been submitted by the Ld. Counsel for the
applicant/accused that the application / accused belongs to a poor
strata of the society and he is a foreign national and he does not
have the wherewithal to produce the surety bond/personal bond
of Rs. 50,000/- and he does not have the means to deposit Rs.
50,000/- in cash or FDR. He is in JC since 19.04.2021 and in
spite of being granted regular bail on 06.10.2025, he is still
languishing in jail as he has been unable to procure the surety to
furnish the surety amount.
5. It is submitted by the Ld. SPP for NCB that if he is
released on reduced surety, he may abscond and flee from justice
and he may also commit similar offences in the future.
6. In the considered opinion of this Court, the discretion was
already exercised in favour of the applicant/accused vide order
dated 27.10.2025. The applicant/accused was directed to be
released on furnishing of personal bond in sum of Rs. 50,000/-
and after his release, he was directed to deposit Rs. 50,000/- in
cash/FDR, in lieu of one surety and he was further directed to
furnish one surety in the sum of Rs. 50,000/-. The
applicant/accused is a foreign national, who arrived in India on a
student visa. There is recovery of commercial quantity of the
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contraband (3 kg of heroin) from his luggage bag, which was
checked-in by him in the flight he took from Doha to New Delhi.
The applicant/accused is already ordered to be released on
furnishing of the personal bail amount, instead of producing the
sureties before hand, after the ratio of the decisions of the
Hon’ble High Court of Delhi in similar cases was followed. No
further ground is made out to reduce the personal bond and
surety bond amount any further. The application is accordingly
dismissed.
7. It is needless to say that nothing stated herein shall
tantamount to an opinion or expression on the merits of the case.
8. Copy of this order be sent to concerned Jail Superintendent
for serving the same to the accused.
9. Copy of this order be given dasti to the parties.
10. Application stands disposed off accordingly.
(Atul Ahlawat)
ASJ/Spl. Judge, NDPS/N. Delhi
28.11.2025
IA 3/25 SC 276/21
NCB VS KULWA YOHANA MARTINE
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