Law:

Section:

Khyber Pakhtunkhwa Control of Narcotic Substances Act (XXXI of 2019)--- ----S.9(d)---Transportation of narcotics---Application for re-summoning of witness and declaring him hostile was allowed---Scope---Record showed that prosecution witness appeared before the Trial Court and recorded his statement---Said witness was cross-examined by the defence---According to the prosecution, said witness had extended some concession to the accused relating to register No. 19 as well as the safe custody of the case property---If a witness in examination-in-chief made a statement adverse to the interest of the prosecution, the court might on the request of prosecutor declare the witness hostile and permit him to exercise the right of cross-examination of the witness---No concept of declaring a witness hostile during his cross-examination by the defence existed---Right of cross-examination of defence was very valuable right and if the witness knowingly or otherwise in cross-examination made a statement which created doubt qua the truthfulness of prosecution case, the benefit of such doubt would always give to the accused and could not be withheld in favour of prosecution---Logic of law was not in favour of grant of permission to the prosecution to cross-examine a witness after cross-examination of defence to impeach the credibility of his statement made by him in cross-examination---Statement of said witness was recorded and the said application to the court was filed after 33 days when he had left the dock as well as the court---Request of the prosecution for declaring him a hostile witness was contrary to the established law---Petition was allowed by setting aside the impugned orders. State of Bihar v. Lalu Prasad alias Lalu Prasad Yadav AIR 2002 SC 2432; Muhammad Boota and another v. The State and another 1984 SCMR 560 and Muhammad Zafar and 4 others v. The State and another PLD 2013 Lah. 178 ref. Rahim Ullah and 3 others v. The State 2010 GBLR 560 and State of Bihar v. Lalu Prasad alias Lalu Prasad Yadav AIR 2002 SC 2432 rel. JUDGMENT SYED ARSHAD ALI, JUSTICE:---.--- Faisal Khan is an accused in the case FIR No.144 dated 07.04.2021 registered under section 9D of CNSA read…

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