GOPAL Vs. UNION OF INDIA

JUDGEMENT

(1.) THE accused petitioners have filed instant revision petition under Section 397 read with 401 Cr.P.C. against the impugned order dated 21.8.2008 passed by learned Special Judge, N.D.P.S. Cases, Jaipur in Sessions Case No. 33/2007 by which bail granted to the accused petitioners was rejected.

(2.) IN short, the facts of the case are that on 14.5.2007 a team was constituted by the Officers of C.B.N, and during checking they stopped one maruti van and they found that upon the seat of Maruti Van three persons were sitting. Upon search they found 2.487 gm opium. Thereafter, a case under Sections 8/18(b), 8/25 and 8/29, N.D.P.S. Act was registered against the petitioners.

(3.) THE prosecution being aggrieved with the order dated 29.7.2008 moved an application for cancellation of bail before the same court on the ground that earlier bail application of the accused petitioners have been rejected by this Court. Upon this learned trial Court after hearing cancelled bail application of the accused petitioners vide order dated 21.8.2008.