Law:

Section:

Criminal Procedure Code (V of 1898)--- ----S. 561-A---Control of Narcotic Substances Act (XXV of 1997), S.9(c)---Penal Code (XLV of 1860), Ss. 193, 194 & 195---Constitution of Pakistan, Art. 10A---Possession of narcotic, false evidence, giving or fabricating false evidence with intent to procure conviction---Quashing of proceedings---Trial Court giving directions to register F.I.R. against police officials (complainant and prosecution witnesses) after acquitting a nominated accused in a narcotics case---Legality---Trial Court found that police officials (applicants) had foisted the narcotic upon the acquitted accused, lodged a false F.I.R. against him and gave false evidence in court---Contention of police officials was that while issuing directions for lodgment of F.I.R., Trial Court had not issued a show cause notice to them, therefore, they had been condemned unheard---Validity---No provision existed in the Control of Narcotic Substances Act, 1997 which empowered the court to register a case against complainant and prosecution witnesses if the prosecution failed to prove the charge against the accused---Sections 193, 194 and 195, P.P.C. provided penal clauses regarding false evidence in judicial proceedings, but concerned court had to justify circumstances which warranted legal action against complainant and witnesses regarding false evidence or fabricating false evidence---Show cause notice was required under the law before initiating criminal proceedings and same would meet the spirit of "fair trial" as envisaged under Art. 10A of the Constitution---Police official had not been issued any show cause notice regarding false evidence or any negligence committed by them, therefore, they were condemned unheard and course adopted by the Trial Court was in violation of the maxim "audi alteram partem"---Trial Court had not assigned any reasons in respect of its direction for registration of F.I.R. against police officials regarding false evidence during the trial---Sufficient material was not available against police officials to make out a prima facie case to arraign them---Impugned was modified to the extent of directions of registration of case against…

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