| Citation(s) |
|---|
| 2001 SLG 2711 2001 SLD 2711 2001 PLD 463 |
Lahore High Court
Criminal Revision No. 185 of 2001, decided on 24th May, 2001
ASIF SAEED KHAN KHOSA AND MUHAMMAD FARRUKH MAHMUD, JJ
Ch. Pervaiz Aftab for Petitioner. Muhammad Qasim Khan, A.A.G. (on Courts Notice)
Criminal Revision No. 185 of 2001, decided on 24th May, 2001
ASIF SAEED KHAN KHOSA AND MUHAMMAD FARRUKH MAHMUD, JJ
Ch. Pervaiz Aftab for Petitioner. Muhammad Qasim Khan, A.A.G. (on Courts Notice)
ABDUL RAOOF
VS
THE STATE
Law:
Section:
(a) Criminal Procedure Code (V of 1898)------S. 540---Control of Narcotic Substances Act (XXV of 1997), S.9(c)--Qanun-e-Shahadat (10 of 1984), Arts.132 & 133---Re-summoning of prosecution witnesses for cross-examination---Accused, after examination of prosecution witnesses, could not get them cross-examined on account of non-availability of his counsel and since under the directions of High Court trial of the accused was to be concluded up to the specified date, Trial Court by its order closed the right of the accused to cross-examine the witnesses--Application for re-summoning the said witnesses for cross-examination, was dismissed---Validity---Cross-examination was most valuable right of an accused and was the only vehicle through which the truth or falsity of the witnesses could be determined if a prosecution witness was not cross-examined then the accused's case could be seriously prejudiced ---Cross-examination was a specialised job which could only be made by a counsel--High Court, though had given direction in the case to conclude the trial up to the specified date, but in true spirit such direction was only for a speedy conclusion of the trial and in exceptional circumstances the time could be extended in the interest of justice---Neither Court had put question to ascertain the truth to the prosecution witnesses nor the accused cross-examined the witnesses himself---High Court accepted the application and directed the Trial Court to re-surhmon prosecution witnesses for cross-examination. (b) Criminal trial--- ---- Evidence---Witness---Cross-examination of a witness ---Value---Cross-examination of a witness was the most valuable right of an accused in a case against him, same being the only vehicle through which the truth and falsity of witness could be determined---In absence of cross-examination case of accused could seriously be prejudiced. ORDER MUHAMMAD FARRUKH MAHMUD, J.--This revision petition has been filed by the petitioner (Abdul Rauf), who is an accused in a case F.I.R. No.21 of 1999 registered under section 9-q of the Control of Narcotic Substances Act, 1997, at Police Station Anti-Narcotics Force, Multan, whose trial is in…
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