MAHESH CHANDRA SHARMA, J. - (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. The petitioners moved bail application before the trial Court on 14.7.2008 stating therein that earlier bail applications have been rejected by the trial Court as well as by this Court but looking to the recent verdict of this Court, bail application was allowed by learned Special Judge (NDPS Cases) Jaipur vide order dated 29.7.2008.
(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.;