State vs Shahzada Faheem Irshad etc
This criminal appeal was filed by the State under Section 48 of the Control of Narcotic Substances Act, 1997, challenging the order of the Additional Sessions Judge, Multan, which dismissed the State's application under Section 540 and Section 510 of the Code of Criminal Procedure 1898 for summoning a Forensic Scientist or Analyst to prove test protocols applied for chemical analysis reports. The core legal question was whether the prosecution can summon an analyst to explain test protocols when the chemical analysis reports are already per se admissible in evidence and were exhibited without objection from the defence. The Lahore High Court held that since the reports are per se admissible and no objection was raised at the time of exhibiting them, summoning the analyst would improperly allow the prosecution to rebuild its case and prejudice the accused. The court laid down the principle that the prosecution cannot be permitted to summon an analyst to clarify test protocols after reports have been admitted into evidence without objection.
- Whether an analyst can be summoned to prove test protocols when chemical analysis reports are already per se admissible in evidence?
- Does allowing the prosecution to summon an analyst to explain test protocols without prior objection amount to rebuilding its case?
- Is a trial court justified in dismissing an application under Section 540 of the Code of Criminal Procedure 1898 when chemical reports have been exhibited without objection?
- Section 48, Control of Narcotic Substances Act 1997
- Section 540, Code of Criminal Procedure 1898
- Section 510, Code of Criminal Procedure 1898
ORDER
Through this appeal under Section 48 of the Control of Narcotic Substances Act, 1997, the appellant/State has assailed the order dated 24.08.2020 passed by the learned Additional Sessio ns Judge, Multan, whereby its application under Section 540, Cr.P.C read with Section 510, Cr.P.C for summonin g of Forensic Scientist/ Analyst as witness to prove test protocols applied for compiling/ issuance of the analysis reports submitted in this case, has been dismissed.
2. Heard. Record perused.
3. The chemical analysis reports issued by office of National Institute of Health (NIH), Islamabad have already been tendered in evidence as Ex.PG to Ex.PG/2 and Ex.PH & Ex.PH/1. No objection about the admissibility of these reports in evidence has been raised to the accused. These reports are per se admissible in evidence, therefore, there is no need to summon the Analyst. The appellant/State seeks permission to summon the Analyst to clarify as to what kind of chemical tests/analysis/protocols were applied to carry out the result. We are afraid sucry permission will amount to giving an opportunity to the prosecution to rebuild its case, which may amount to cause prejudice to the accused particularly when as aforesaid no objection has been raised by the defence upon exhibiting the reports. Therefore, the learned trial Court has rightly dismissed the application of the appellant/State in the light of the judgment of the Hon'ble Supreme Court of Pakistan reported as Khair-ul-Bashar vs. The State (2019 SCMR 930). We do not find any illegality or infirmity in the impugned order and the same being based upon proper appreciation of law and facts calls for no interference by this Court. Resultantly , this appeal being devoid of any force is dismissed.