STATE/ANTI-NARCOTICS FORCE vs IMDAD ALI S — 2023 PCrLJ 111 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2023 PCrLJ 111 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2023
Reporter: PCRLJ
Parties: STATE/ANTI-NARCOTICS FORCE vs IMDAD ALI S
Subject matter: Criminal
Provisions referred to: S. 540---; S. 9; S. 540; Narcotic Substances Act (XXV of 1997)

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

STATE/ANTI-NARCOTICS FORCE VS IMDAD ALI S. 540--- Control of Narcotic Substances Act (XXV of 1997), S. 9(c)---Power to summon material witness or examine person present---Scope---Narcotics allegedly recovered from the accused was re-weighed on direction of the High Court---Some discrepancy in its weight was found---Prosecution, in order to address the same, filed an application under S. 540, Cr.P.C. for summoning the Chemical Examiner who had tested the substance and given opinion about it---Prosecution's application was allowed, however, before the Chemical Examiner could be examined, he expired, which necessitated filing of a fresh application for summoning the incumbent Chemical Examiner for such purpose, which application was dismissed through impugned order---Only objection voiced by the accused was that the Chemical Examiner could not be summoned as a prosecution witness but as a court witness---High Court observed that in the background of peculiar circumstances of the case, it was not relevant whether the Chemical Examiner was examined as the prosecution witness or the court witness, what was important, was his opinion regarding discrepancy in the weight of narcotics---Trial Court was directed to summon the Chemical Examiner---Revision application was disposed of accordingly.

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