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.