SURESH KAIT, J.

1. Vide the instant petition, the petitioner has sought to modify the impugned order dated 27.1.2012 passed by the learned Special Judge, NDPS, Patiala House Courts, New Delhi in a case FIR no. 29/2011 under Sections 21 and 29 of the NDPS Act and Section 14 of the Foreigners Act, PS Special Cell, New Delhi and allow the petitioner to deposit cash amount in lieu of the surety.

2. Vide order dated 19.11.2011, learned Trial Judge, keeping in view the amount of contraband recovered from the petitioner, and the period already undergone by him in custody and also taking into consideration the report filed by I.O. that the petitioner has no previous antecedents, admitted the petitioner to interim bail for a period of one month on furnishing personal bond in the sum of Rs.50,000/-with one surety of the like amount.

3. The trial court admitted the petitioner on interim bail on the ground that the petitioner was found to be in possession of a genuine passport with a valid visa which has already expired in June, 2011. The ld. trial court further directed him to apply for the extension of his visa, and thereafter, deposit both his passport and visa in the Court. The tr