Law: Criminal Procedure Code (V of 1898)

Section: 540

Law: Control of Narcotics Substances Act, 1997

Section: 9(c)

Criminal Procedure Code (V of 1898)--- ----S. 540---Control of Narcotic Substances Act (XXV of 1997), S. 9(c)---Recovery of narcotics---Summoning of Chemical Analysis Expert as witness---Dismissal of prosecution application for summoning of Chemical Expert---Scope---Admittedly, the report must contain three ingredients i.e. the test applied, the protocols applied to carry out those test and lastly, the result thereof---If the report contained the said three ingredients then any ambiguity could be resolved by exercising the power vested in a court under the proviso to S. 510, Cr.P.C.---Report, in the present case, referred to the protocols applied and the result of the test---Said report did not mention the nature of the test applied, but a plain reading of the report, unambiguously showed that it was implicit therein that the test was conducted---Trial Court was not precluded from summoning the Government Analyst along with the existing record to tender evidence for removing the ambiguity and to give clarification---What the Government Analyst was barred from doing was to conduct a fresh test or to alter or change the report---Record could not be tampered with nor any addition could be made thereto---Section 540 of the Cr.P.C was an independent and distinct provision which empowered a Trial Court to summon a witness provided the legislative intent expressly mentioned therein was fulfilled, i.e. if it appeared to the court that summoning of the evidence was essential to the just decision of the case---Said provision was distinct from and in addition to the power contained in the proviso to S. 510 of the Cr.P.C.---Trial Court, therefore, in the present case, was empowered to consider the application and passed an order, even if one of the ingredients had been omitted from being recorded in the report---Appeal was allowed with direction to the Trial Court to decide the application afresh after affording an opportunity of hearing to the parties. Qaiser Javed Khan v. The State through Prosecutor General Punjab, Lahore and another PLD 2020 SC 57 ref. The State through Regional Director ANF v. Imam Bakhsh and others 2018 SCMR 2039; Taimoor Khan and another v. The…

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