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High Court of DelhiCRL.M.C./8486/2025

Lydes Mbulo v. Narcotics Control Bureau

2025-11-28Hon'Ble Dr. Justice Swarana Kanta Sharma2 pages

$~46 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 8486/2025 LYDES MBULO .....Petitioner Through:

Petitioner with her counsel Mr Vibhor Verdhan and Mr Anant Beniwal, Advs.

versus NARCOTICS CONTROL BUREAU .....Respondent Through:

Mr. Arun Khatri, SSC with Ms.

Shelly Dixit and Mr Krish Mahajan, Advs.

CORAM:

HON'BLE DR. JUSTICE SWARANA KANTA SHARMA

O R D E R

% 28.11.2025 CRL.M.A. 35472/2025 (exemption) 1.

Allowed, subject to all just exceptions.

2.

Application stands disposed of.

CRL.M.C. 8486/2025 & CRL.M.A. 35473/2025 3.

By way of the present petition, the petitioner seeks following reliefs: "a) Set aside the impugned order dated 17.11.2025 passed by the Ld. ASJ/Spl. Judge (NDPS), Patiala House Courts, New Delhi in IA No.8/25 in SC No.371/2022;

b) Waive the condition of furnishing one surety of Rs.50,000/- imposed upon the petitioner c) Expedite the proceedings pending before by the Ld. ASJ/Spl. Judge (NDPS), Patiala House Courts, New Delhi in IA No.8/25 in SC No.371/2022."

4.

Issue notice. The learned SSC accepts notice on behalf of the NCB. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/12/2025 at 12:27:52

5.

The learned Trial Court, vide the impugned order, was pleased to order that the petitioner will furnish a surety in the sum of ₹50,000/- within two weeks of her release. The learned counsel appearing for the petitioner states that the petitioner, being a foreign national, has no link/contacts or financial resources in India and therefore there is no one to furnish surety on her behalf.

6.

Upon being questioned, the petitioner, who is present in Court, states that she has no source of income. It is further stated that the petitioner will be staying in the house of another person, who is also an accused in the NCB case.

7.

Considering the overall facts and circumstances of the case and also the fact that on 01.11.2025, the learned Trial Court was pleased to modify the order to the extent that the petitioner shall be released upon furnishing a personal bond of Rs.50,000/-, alongwith cash deposit in the sum of Rs.20,000/-, this Court is not inclined to waive the condition of furnishing a surety. However, the order of the learned Trial Court is modified to the extent that instead of furnishing a surety of ₹50,000/-, the amount is reduced to ₹25,000/- and the order is also modified to the extent that she will furnish the surety within six weeks, instead of two weeks. The rest of the conditions, imposed by the learned Trial Court, shall remain unaltered. 8.

With these directions, the petition stands disposed of. Pending application, if any, also stands disposed of. 9.

The order be uploaded on the website forthwith. DR. SWARANA KANTA SHARMA, J NOVEMBER 28, 2025/A/AP The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/12/2025 at 12:27:52