Law:

Section:

The question that has been raised in this Special Criminal Revision Application filed under section 185-F of the Customs Act, 1969, relates to the interpretation of section 540, Cr.P.C.

2.                     Appellant Malik Muhammad Anwar alongwith others is facing a charge of smuggling of 56 kgs of powder of heroin, an offence punishable under section 156 (1)(8) of the Customs Act, 1969, in the Court of Special Judge (Customs & Taxatidn), Karachi. The prosecution has so far examined six witnesses. Kh. Zeeshan Hussain (P.W. 2) was examined by the prosecution on 25-9-1990, and on the same day he was cross-examined by the advocates representing the other accused persons. The witness could not be cross-examined on behalf of the present applicant as Mr. M.H. Shah, who was representing him, was busy before Division Bench of this Court in Confirmation Case No.2 of 1990. On 7-2-1991, an application under section 540, Cr.P.C. was moved on behalf of applicant for recalling the said witness for the purpose of cross-examination, but the same was refused vide order, dated 10-3-1991. This order is the subject-matter of the present revision application.