Law:

Section:

Criminal Procedure Code (V of 1898)--- ----S. 540---National Accountability Ordinance (XVIII of 1999), S.10---Constitution of Pakistan (1973), Art.199---Constitutional petition---Production of additional evidence---Reference against petitioner for offence punishable under S.10 of National Accountability Ordinance, 1999---Case proceeded and last witness, the Investigating Officer, was examined and after that prosecution closed its side---Twenty days after close of evidence, Special Prosecutor NAB filed application under S.540, Cr.P.C. for examining Deputy Director NAB to produce a letter---Said application was objected to by petitioner contending. that name of witness sought to be examined and document/letter sought to be produced, was not mentioned in the Reference or investigation papers; that prosecution could not be allowed to fill the lacuna, which had emerged after cross-examination of Investigating Officer---Validity---Name of witness and document purported to be produced, though were not mentioned in the Reference or in the list of documents, but necessity to examine witness and production of document/letter arose when Investigating Officer was cross-examined---Prosecution, in circumstances was justified in moving application to bring official document on record through witness mentioned in application filed under S.540, Cr.P.C.---Impugned order whereby application for production of evidence was accepted for just decision of the case, did not suffer from any illegality or irregularity and thus did not require any interference. 1987 SCMR 886; PLD 1991 Pesh. 143; 1992 SCMR 140; 2000 PCr.LJ 372; 2003 PCr.LJ 1778 and PLD 1970 Lahore 1431 ref. ORDER RAHMAT HUSSAIN JAFFERI, J.---The present petition is directed to challenge the order dated 4-9-2006, by which the learned Judge Accountability Court No.IV, Sindh Karachi, allowed the application under section 540, Cr.P.C. by which the prosecution was allowed to lead additional evidence of witness Deputy Director NAB Ghulam Farooq to produce authorization letter issued by the Chairman NAB authorizing the Director-General NAB Sindh to order for investigation of the case. Brief facts giving rise to the present…

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