Law: Code of Criminal Procedure, 1898

Section: 540

Law: Qanun-e-Shahadat Order, 1984

Section: 129

Law: Constitution of Pakistan, 1973

Section: 10-A, 133

Law: Control of Narcotic Substances Act, 1997

Section: 9(1)3(d), 15 ,48

Control of Narcotic Substances, 1997 (XXV of 1997)-- ----Ss. 9(1)3(d), 15 & 48--Qanun-e-Shahadat Order, 1984 (10 of 1984), Art. 129--Appeal--Re-examination of prosecution witness--It is a cardinal principle of law of evidence that best available evidence must be produced before Court to establish facts in issue--While it is for prosecution and defense to prove their respective cases by adducing such evidence as they consider appropriate, and Court cannot compel either party to examine any particular witness, an adverse inference may nonetheless be drawn under Article 129, illustration (g) of Order where a party withholds evidence which could be produced and which, if produced, would operate against it.                                                                                               [P. 633] A Criminal Procedure Code, 1898 (V of 1898)-- ----S. 540--Power to summon, recall and re-examine witness--It is in furtherance of this duty that Section 540 of Code confers wide powers upon Court to summon, examine, recall, or re-examine any person at any stage of proceedings where such evidence appears essential for just decision of case, so as to prevent miscarriage of justice arising from an incomplete or speculative presentation of facts--Section 540 of Code partakes of an inquisitorial character, inasmuch as it empowers Court to actively intervene in proceedings for purpose of eliciting truth and ensuring a just determination of…