2001 P Cr (PLP)

SHEIKH ABDUR RAZZAQ, J.‑‑‑ Instant criminal revision is directed against the order, dated 21‑8‑2000 passed by the learned Sessions Judge, Bahawalpur whereby he has disallowed the application under section 540 of the Criminal Procedure Code for summoning the Assistant Chemical Examiner and Chemical Examiner, Chemical Laboratory, Multan.

2. Briefly stated the facts of the instant case are that vide F. I. R. No. 18 of 1997, dated 10‑12‑1997 a case has been registered against the accused/petitioner under section 9(c) of the Control of Narcotic Substances Act, 1997 at Police Station Anti‑Narcotics Force, Bahawalpur. 2‑A. During the trial of the said case, the prosecution has brought on record, report of Chemical Examiner which has been admitted into evidence subject to objection of the learned counsel for the petitioner. After the said document has been brought on record, the accused/petitioner moved an application under section 540, Cr.P.C. for summoning the Assistant Chemical Examiner and Chemical Examiner, Chemical Laboratory, Multan on the ground mentioned therein. His said contentions were rebutted by the prosecution and finally the said application has been dismissed vide order, dated 21‑8‑2000. The accused/petitioner has challenged the aforesaid order through the instant criminal revision.

3. Alongwith this petition other Criminal Revisions Nos.58 of 2000 and 59 of 2000 have also been fled. As question of law is similar in all three petitions, so these are being disposed of by this order.

4. We have heard the learned counsel for the parties and gone through the record.

5. The stand of the learned counsel for the petitioner is that the very appointment of the Chemical Examiner is not in accordance with the provisions of sections 34 and 35 of the Control of Narcotic Substances Act, 1997; that the, Report of Chemical Examiner is also deficient in certain aspects as it does not contain the details of test to which the alleged recovered substance was subjected and the final result was given. He, thus, submits that it was incumbent upon the trial Court to summon the Chemical Examiner so as to verify the contents of the report.

6. Conversely the impugned order has: been supported by the learned Special Public Prosecutor. .

7. A perusal of, impugned order shows that Report of Chemical Examiner has been brought on record subject to objection of the learned counsel for the petitioner that the same is not issued by the Laboratory falling within the ambit of section 34 of Control of Narcotic Substances Act, 1997 and further that Chemical Examiner and Assistant Chemical Examiner are not Government Analysts within the purview of section 35 of Control of Narcotic Substances Act, 1997.

8. To appreciate the contentions raised by the learned counsel for the petitioner, a perusal of sections 34 and 35 of Control of Narcotic Substances Act, 1997 is necessary and the same are reproduced for ready reference:‑‑ "

34. Federal Narcotics Testing Laboratory, etc.‑‑‑ The Federal Government may, as soon as may be after the commencement of this Act, set up a Federal Narcotic Testing Laboratory and such other institutes and narcotics testing, research laboratories or notify any other laboratory or institute to be a Federal Narcotics, Testing Laboratory for carrying out the purposes of this Act. (2) The Provincial Government may, wherever deems appropriate, set up Provincial Narcotics Testing Laboratories.

35. Government Analyst.‑‑‑ The Federal Government or a Provincial Government may, by notification in the official Gazette, appoint such persons as it thinks fit, having the prescribed qualifications, to be Federal Government Analysts or, as the case may be, Provincial Government Analysts, for such areas and in respect of such narcotic drugs, psychotropic substances or controlled substances as may be specified in the notification."

9. So far as the first objection is concerned that looses its force in view of the Notification No. SRO 596(1)/97, which is reproduced as follows:‑‑ "In exercise of the powers conferred by section 34 of the Control of Narcotic Substances Act, 1997 (XXV of 1997), the Federal Government is pleased to notify the Pakistan Council of Scientific and Industrial Research Laboratories (PCSIR) Lahore, National Institute of Health Laboratory, Islamabad, Sindh Laboratory of Chemical Analysis Karachi, PCSIR Laboratory, Karachi, PCSIR Laboratory, Peshawar and Central Drug. Laboratory, 7th Central Street, Defence Housing Authority, Karachi and all Narcotics Testing Laboratories set up by the Provincial Governments to be the Federal Narcotics Testing Laboratories for the purposes of the said Act. "

10. A perusal of notification referred above clearly reveals that all Narcotics Testing Laboratories set up by the Provincial Government have been treated to be Federal Narcotics Testing Laboratories for the purposes of said Act. It is thus, clear that the report of Chemical Examiner will be considered to be report of a notified Laboratory as contemplated under section 34 of Control of Narcotic Substances Act, 1997 and similarly the Chemical Examiner and Assistant Chemical Examiner appointed therein shall be considered to be Government Analyst as stipulated by section 35 of Control of Narcotic Substances Act, 1997. This being the factual position the objection raised by the learned counsel for the petitioner are devoid of any force. So far as the question of admissibility of the reports of Chemical Examiner are concerned the matter has been left open by the learned Sessions Judge while passing the impugned order. There is no need of summoning the Chemical Examiner or Assistant Chemical Examiner and the request of the petitioner has rightly been declined vide impugned order. As a sequel to the above facts, criminal revision fails and is hereby dismissed. N.H.Q./F‑31/L Revision petition dismissed.