Law: Criminal Procedure Code (V of 1898)

Section: 540

Law: Control of Narcotics Substances Act, 1997

Section: 9(c)

(a) Criminal Procedure Code (V of 1898)--- ----S. 540---Power to summon material witness or examine person present---Scope---Accused filed an application for obtaining CDR (Call Data Record) of complainants phone from relevant franchise, which was dismissed by the Trial Court---Accused had put questions to the complainant suggesting his presence at district K and not at the spot in district H at the time of incident---Accused had already submitted a copy of CDR of complainants cell phone in his statement under S. 342, Cr.P.C. but since it was only a photostat copy, he was seeking indulgence of the Court for its verification to have been generated by the relevant franchise---Verification by the relevant franchise of the phone company was not likely to cause any prejudice to the prosecution in that after a document was brought on record it became duty of the Court to consider it and give its opinion in accordance with law which position in the present case could only be achieved after the verification or otherwise of the document---Trial Court was directed to summon some official from the relevant franchise of mobile company---Revision application was disposed of accordingly. Mian Khalid Perviz v. The State 2021 SCMR 522 ref. (b) Criminal Procedure Code (V of 1898)--- ----S. 540--- Control of Narcotic Substances Act (XXV of 1997), S. 9(c)---Power to summon material witness or examine person present---Scope---Narcotics allegedly recovered from the accused was re-weighed on direction of the High Court---Some discrepancy in its weight was found---Prosecution, in order to address the same, filed an application under S. 540, Cr.P.C. for summoning the Chemical Examiner who had tested the substance and given opinion about it---Prosecutions application was allowed, however, before the Chemical Examiner could be examined, he expired, which necessitated filing of a fresh application for summoning the incumbent Chemical Examiner for such purpose, which application was dismissed through impugned order---Only objection voiced by the accused was that the Chemical Examiner could not be summoned as a prosecution witness but as a court witness---High Court observed that in the…

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