Law: Code of Criminal Procedure, 1898

Section: 540

Law: Control of Narcotic Substances Act, 1997

Section: 48, 9(1)(3)(e)

Law: Constitution of Pakistan 1973

Section: 10A

Tagline Limitations on Section 540 Cr.P.C.; the prosecution is prohibited from recalling witnesses or summoning records solely to "fill lacunas" or repair "dents" exposed by the defense during cross-examination.  Summary The appellant, Muhammad Feroz, was facing trial under the Control of Narcotic Substances Act (CNSA), 1997. After the evidence was closed and the case was fixed for final judgment, the prosecution filed an application under Section 540 of the Code of Criminal Procedure (Cr.P.C.) to re-examine a Police Moharrar and summon official records (Register No. 19 and 2) to prove the witness's presence at the police station on the date of the occurrence. The trial court allowed the application, prompting this appeal. The High Court allowed the appeal and set aside the trial court's order. The Court held that while Section 540 Cr.P.C. grants broad discretionary and mandatory powers to summon material witnesses at any stage to ensure a "just decision," these powers cannot be utilized to assist the prosecution in filling gaps or curing inherent infirmities in its case. The Court noted that the registers were official records already within the prosecution’s custody and knowledge throughout the trial; thus, the failure to exhibit them earlier was a deficiency of the prosecution's own making. Recalling a witness specifically to counter a "dent" created by the defense during cross-examination amounts to an impermissible "filling of lacunas." The Court emphasized that in cases involving stringent laws like the CNSA, procedural safeguards for the accused must not be sacrificed for the mere convenience of the prosecution. 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…