Bitoren Dolores Fernades vs Director Of Revenue Intelligence
2011 Latest Caselaw 4843 Del

$~27
*    IN THE HIGH COURT OF DELHI AT NEW DELHI

+              CRL.M.C.No.3264/2011
%              Judgment delivered on:28th September,2011


BITOREN DOLORES FERNADES                  ..... Petitioner
                  Through : Mr.Rahul Tyagi, Adv.
             versus

DIRECTOR OF REVENUE INTELLIGENCE        ..... Respondent
                  Through : Mr.Satish Aggarwala, Adv.

CORAM:
HON'BLE MR. JUSTICE SURESH KAIT

     1. Whether the Reporters of local papers
        may be allowed to see the judgment?         NO
     2. To be referred to Reporter or not?          NO
     3. Whether the judgment should be reported     NO
        in the Digest?

SURESH KAIT, J. (Oral)

Crl.M.A.No.11615/2011(exemption)

Exemption is allowed subject to just exceptions.

Criminal M.A. stands disposed of.

CRL.M.C.No.3264/2011

1. Issue notice.

2. Mr.Satish Aggarwala, learned counsel for respondent

accepts notice.

3. Vide the instant petition, petitioner has prayed as

under:-

"(a) Modify the bail order dated 24.08.2011 passed by the learned Special Judge for N.D.P.S. Cases, Patiala House, New Delhi in S.C. No.39A/2008 tilted as DRI Versus Bitoren Dolores Fernandes & Another to the extent allowing the accused/ applicant to deposit a sum of ` 50,000/- in the form of cash bond in lieu of a sureties."

4. Learned counsel for the petitioner submits that the

petitioner is a Philippines national and this Court vide order

dated 16.09.2011, directed the Jail authorities to release her

on bail on furnishing a personal bond in the sum of `

50,000/- with two sureties of the like amount.

5. Ld counsel for the petitioner submits that learned

Special Judge for NDPS cases, Patiala House Courts, New

Delhi, rejected the plea of the petitioner to release her on

depositing the cash amount in lieu of two sureties of

` 50,000/- each.

6. Learned counsel for the petitioner further submits that

the order passed by the learned Special Judge for NDPS

Cases was challenged by the respondent - DRI before this

Court and vide order dated 16.09.2011, the petition of the

respondent was dismissed.

7. The petitioner is in difficulty because she is a foreign

national and for the last more than 02 years and 09 months

she remained in custody, therefore, she does not have any

friends in India, therefore, she is unable to furnish two

sureties, as was directed vide order dated 24.08.2011, by

the Trial Court.

8. In these circumstances, I modify the order dated

24.08.2011 passed by learned Special Judge to the extent

that the petitioner shall be released on her furnishing a

personal bond in the sum of ` 50,000/- and the amount of

two sureties i.e. ` 1.00 lac shall be deposited in cash with the

learned Trial Court.

9. Accordingly, Criminal M.C.No.3264/2011 stands allowed

and disposed of.

10. Dasti.

11. Copy of this order be sent to Superintendent, Tihar Jail,

New Delhi.

SURESH KAIT, J

September 28, 2011 Mk