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Re-summon and Examine of Witness PLJ 2020 CrC Lahore 353 DB

PLJ 2020 CrC (Lahore) 353 (DB) Re-summon and Examine Witness

PLJ 2020 CrC (Lahore) 353 (DB) Re-summon and Examine Witness, Control of Narcotic Substances Act, 1997 (XXV of 1997)—S. 48–Qanun-e-Shahadat Order, (10 of 1984), Art. 150–Appeal against the order passed by the Court of the A.S.J.–An application seeking to recall, re-summon and examine PW/ASI by prosecutor was accepted–Challenge the said order–PW got recorded his examination in chief and he was cross-examined by the defence counsel on behalf of the appellant on the same day–ADPP moved an application seeking to recall, re-summon and examine PW/ASI on the ground that he had not stated the correct facts–The said application of the ADPP was accepted–During the trial the pursuit of truth should be paramount and is not lost sight of due to any inaction on part of any of the parties–The Court has the due empowerment and the jurisdiction to call any witness at any stage of the trial, on its own motion and even upon an application of either of the parties–The witness also should not be summoned by the Court while exercising its discretion as a matter of routine, rather it all depends upon the facts of each case, as to when and why the Court should exercise its discretion in this behalf for which the Court has to provide judicial reasons–It is possible that if the prosecution is allowed to re-summon and re-examine the PW/ASI then in fact it would be not an exercise in the discovery of truth but rather an aberration to fill the lacunae of one party–Appeal is allowed and order passed by the trial Court is set-aside.

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