Law: Control of Narcotic Substances Act, 1997

Section: 9,15

Law: Code of Criminal Procedure, 1898

Section: 48, 540, 342, 173

Law: Qanun-e-Shahadat Order, 1984

Section: 133, 129, 150, 165

Law: Constitution of Pakistan

Section: 10-A

 SUMMARY The appellant challenged the trial Court’s order allowing re-examination of a prosecution witness (PW-6) at the stage of final arguments in a narcotics case. The High Court held that: Re-examination is limited to explaining matters arising from cross-examination. The prosecution sought re-examination not for clarification, but to correct its own witness’s statement and fill gaps. This was legally impermissible and prejudicial to the accused. Accordingly, the High Court set aside the order and allowed the appeal.  TAG LINE Re-examination cannot be used to fill lacunae in prosecution case; it is confined strictly to clarification of matters arising from cross-examination. ORDER; ALI ZIA BAJWA, J:- Through the instant Criminal Appeal, preferred under Section 48 of the Control of Narcotic Substances Act, 1997 (hereinafter referred to as ‘the CNSA’), the appellant has impugned the order dated 14.02.2026 rendered by the learned Judge, Special Court constituted under the CNSA, Lahore, whereby re-examination of a prosecution witness was allowed. The factual matrix giving rise to the present appeal is that FIR No. 3783/2024 was registered against the appellant under Sections 9(1)-3(d) and 15 of the CNSA at Police Station Nawab Town, Lahore. Upon submission of the report under Section 173 of the Code of Criminal Procedure, 1898 (hereinafter referred to as ‘the Code’), the appellant was formally indicted, whereafter the prosecution evidence was duly recorded. Upon the close of the prosecution evidence, the statement of the appellant under Section 342 of the Code was recorded, and the matter was thereafter fixed  for  final  arguments.  At  that  stage,  the  prosecution  moved  an application seeking permission to re-examine PW-6, Amir Naseer 3679/HC. The prosecution was aggrieved by the statement of PW-6, Amir Naseer (Head Constable), who, during his examination-in-chief, deposed that he had received six sealed parcels containing the bulk…