Law: Code of Criminal Procedure, 1898

Section: 540

Law: Control of Narcotic Substances Act, 1997

Section: 9(1), 3(e), 15

Law: Constitution of Pakistan

Section:

 Tagline: Prosecution cannot use Section 540 Cr.P.C. to fill gaps in evidence after cross-examination; powers must be exercised only for genuinely essential evidence. SUMMARY: Facts: Appellant tried under CNSA, 1997 (FIR No.118 of 2023). After evidence and hearing, prosecution applied u/s 540 Cr.P.C. to: Re-examine PW Bilal Shair ASI/Moharrar. Summon ANF representative to produce Registers No.19 & No.2. Trial Court allowed the application. Appellant challenged order as attempt to fill lacunae after cross-examination. Issue: Whether Section 540 Cr.P.C. allows re-examination/summoning evidence after evidence is recorded, solely to repair dents in prosecution case. Held / Decision: Appeal Allowed; Impugned Order Set Aside. Section 540 cannot be used to fill gaps or reinforce case after cross-examination. Re-examination permissible only if evidence is essential for just decision and not previously available or prevented from production by circumstances beyond control. CNSA, 1997 being a stringent law, requires clear, cogent, and reliable evidence; safeguards for accused cannot be compromised. ORDER; INAAM AMEEN MINHAS, J.- Through the captioned appeal u/s 48 of the Control of Narcotic Substances Act, 1997 (“CNSA 1997”), appellant, namely Muhammad Feroz, has assailed the order dated 20.01.2026 (“Impugned Order”), passed by the learned Judge, Special Court (CNS)-II, Islamabad, whereby the application filed by the prosecution u/s 540 of the Code of Criminal Procedure, 1898 (“Cr.P.C.”), to re-examine prosecution witness Bilal Shair, ASI/Moharrar, and summon representative of ANF to produce record, was allowed. Brief facts as per memo of the appeal are that the appellant was being tried in case FIR No.118 of 2023, dated 23.09.2023, u/s 9(1)(3)(e) and 15 of CNSA 1997, in which after recording of evidence, hearing the arguments of the parties, the case was fixed for announcement of final judgment, when on 08.12.2025, an application u/s 540, Cr.P.C. was filed by the prosecution to re-…