JUDGMENT Chander Bhusan Barowalia, J. - The matter is taken up through video conference. 2. The present bail application has been maintained by the petitioner under Section 439 of the Code of Criminal Procedure seeking his release in case FIR No. 102 of 2019, dated 02.05.2019, under Sections 21 and 29 of the ND&PS Act and Section 14 of Foreigner Act, 03 Passport (Entry Into India) Act, registered in Police Station Sadar Solan, District Solan, H.P. 3. As per the averments made in the petition, the petitioner is innocent and has been falsely implicated in the present case. He is neither in a position to tamper with the prosecution evidence nor in a position to flee from justice. No fruitful purpose will be served by keeping him behind the bars for an unlimited period, so he be released on bail. 4. Police report stands filed. As per the prosecution story, on 01.05.2019, at about 10:00 p.m., a police party was on patrol duty at Deunghat Road. Police received a secret tip-off qua a drug peddler. After completing all the codal formalities police formed a raiding party and knocked the door of the said drug peddler. One Amit Kumar opened the door and thereafter the police conducted the search of the room. Police recovered a polythene pouch from the room, which contained some powder like substance. Police also recovered lighter, two syringes, a piece of unused foil paper, eight used foil papers, two empty polythene pouches and two empty wrappers of tablet Add NOKN. The recovered powder, on checking, was found to be heroine (chitta) and on weighment it was found to be 11.45 grams. Thereafter, the police completed all the codal formalities and registered a case. Police prepared the spot map and also recorded the statements of the witnesses. The accused was arrested and during the course of interrogation he divulged that he used to purchase chitta from one Nigerian person. The accused divulged that he could identify the said Nigerian person. The accused gave his statement under Section 27 of the Indian Evidence Act and on 04.05.2019 he got the present petitioner arrested from Delhi. The petitioner disclosed his name as Nnanna Everistus. The petitioner was arrested and during the course of interrogation he divulged that he has hidden 15 grams of Heroine in his rented room at Uttam Nagar, Delhi. The accused gave his statement under Section 27 of the Indian Evidence Act and on 04.05.2019 he got the present petitioner arrested from Delhi. The petitioner disclosed his name as Nnanna Everistus. The petitioner was arrested and during the course of interrogation he divulged that he has hidden 15 grams of Heroine in his rented room at Uttam Nagar, Delhi. The room of the present petitioner located in H Block 5, Mohan Garden, Delhi, was searched and 15.72 grams of Heroine was recovered. Police completed all the codal formalities and sample of the contraband was sent for scientific analysis and as per the chemical analysis report, the recovered contraband is Heroine. During the course of investigation, it was unearthed that the petitioner is drug peddler. The petitioner disclosed that he is Nigerian citizen, but he could not produce any valid proof qua his citizenship. However, later on the Advocate of the accused produced the Passport of the petitioner, which was verified by the police from Nigerian Embassy and found to be genuine, so Section 3 of the Passport (Entry Into India) Act was dropped from the FIR. Lastly, it is prayed that the bail application of the petitioner be dismissed, as the petitioner was involved in a serious offence and there is every possibility that in case at this stage he is enlarged on bail, he may flee from justice or tamper with the prosecution witnesses. 5. I have heard the learned Counsel for the petitioner, learned Additional Advocate General for the State and gone through the record, including the police report, carefully. 6. The learned Counsel for the petitioner has argued that the petitioner has been falsely implicated in the present case. She has further argued that the petitioner is neither in a position to tamper with the prosecution evidence nor in a position to flee from justice. She has argued that no fruitful purpose will be served by keeping the petitioner behind the bars for an unlimited period and now upon verification the passport of the petitioner is found to be genuine, so the bail application be allowed and the petitioner be enlarged on bail. She has argued that no fruitful purpose will be served by keeping the petitioner behind the bars for an unlimited period and now upon verification the passport of the petitioner is found to be genuine, so the bail application be allowed and the petitioner be enlarged on bail. Conversely, the learned Additional Advocate General has argued that the petitioner was found involved in a serious offence and he is foreign national, so at this stage, in case he is enlarged on bail, he may tamper with the prosecution evidence and may also flee from justice. He has further argued that the petitioner is drug peddler and he is spoiling the society. He has prayed that the bail application of the petitioner be dismissed. 7. In rebuttal the learned Counsel for the petitioner has argued that the petitioner cannot be kept behind the bars for an unlimited period, so the application be allowed and the petitioner be enlarged on bail. 8. At this stage, considering the fact that the petitioner is behind the bars for the last more than a year and he cannot be kept behind the bars for an unlimited period, the passport produced by the petitioner, upon verification by the police from Nigerian Embassy, found to be genuine, so Section 3 of the Passport (Entry Into India) Act has been dropped from the FIR registered against the petitioner, now the custody of the petitioner is not at all required by the police, the fact that the petitioner is ready and willing to abide by the terms and conditions of bail, in case granted, so this Court finds that the present is a fit case where the judicial discretion to admit the petitioner on bail is required to be exercised in his favour. Accordingly, the petition is allowed and it is ordered that the petitioner, who has been arrested by the police in case FIR No. 102 of 2019, dated 02.05.2019, under Sections 21 and 29 of the ND&PS Act and Section 14 of Foreigner Act, 03 Passport (Entry Into India) Act, registered in Police Station Sadar Solan, District Solan, H.P., shall be released on bail forthwith in this case, subject to his furnishing personal bond in the sum of Rs. 50,000/- (rupees fifty thousand) with one surety in the like amount to the satisfaction of the learned Trial Court. 50,000/- (rupees fifty thousand) with one surety in the like amount to the satisfaction of the learned Trial Court. The bail is granted subject to the following conditions: (i) That the petitioner will appear before the learned Trial Court/Police/authorities as and when required. (ii) That the petitioner will not leave India without prior permission of the Court. (iii) That the petitioner will not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Investigating Officer or Court. 9. In view of the above, the petition is disposed of. Copy dasti.