Law: Criminal Procedure Code (V of 1898)

Section: 94

(a) Criminal Procedure Code (V of 1898)--- ----S. 94---Summoning of record or a thing---Pre-condition---Word “whenever”---Scope---Only precondition to invoke provision of S. 94, Cr.P.C. is that Court is to be satisfied that production of document or thing is necessary for just decision of case---Scope of S. 94, Cr.P.C. is very wide and word “whenever” suggests that Court could exercise its power conferred to it at any stage of inquiry or trial. (b) Criminal Procedure Code (V of 1898)--- ----S. 94---Control of Narcotic Substances Act (XXV of 1997), S. 9(c)---Recovery of narcotic substance---Document, summoning of---Accused during cross examination sought summoning of Call Data Record of cellular phones of prosecution witnesses---Trial Court declined to summon the record---Validity---Accused was facing charge entailing capital sentence, it was essential that he could get every chance to defend him---While passing order in question, Trial Court failed to take notice of such considerations and fell in error, while dismissing application filed by accused---Prosecution witnesses were members of raiding party who admitted that telephone numbers were in their personal use---Production of Call Data Record of mobile numbers would help the Court to arrive at just decision---High Court directed Trial Court to summon Call Data Record as desired by accused---Appeal was allowed in circumstances. United States v. Marzano, 149F.2D 923 (2nd Cir. 1945); Sarfraz Saleem v. Federation of Pakistan PLD 2014 SC 232; Naveed Asghar v. The State PLD 2021 SC 600 and Muhammad Bashir v. Rukhsar and others PLD 2020 SC 334 rel. ORDER: Through the instant appeal filed under Section 48 of the Control of Narcotic Substances Act, 1997, (Act) validity of order dated 25.06.2021, passed by learned Additional Sessions Judge/Judge Special Court (CNS) Wazirabad, District Gujranwala has been questioned by Muhammad Asif Ali Usama/accused (appellant) on the basis of which an application filed by him under section 265-F(7) read with sections 94 and 540, Cr.P.C, was dismissed. 2. Facts of the case are that appellant is facing trial in case FIR No. 340 recorded on 23.04.2020, under section 9(c) of the Act at…

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