Law: Code of Criminal Procedure, 1898

Section: 497(2), 498

Law: Pakistan Penal Code (PPC),1860

Section: 506-B, 342, 186, 382, 148, 149

Law: Punjab Prevention of Speculation in Essential Commodities Act, 2021

Section: 12 & 13

 Case Summary

The petitioners were accused of attacking the complainant party, wrongfully confining them, removing wheat crop, issuing threats and obstructing officials during a wheat-related checking/enforcement operation.

The main point considered by the Court was that the alleged occurrence arose from an operation conducted by PERA officials, while the FIR was registered at the ordinary local police station. Under the Punjab Enforcement and Regulation Act, 2024, a special enforcement mechanism exists through Enforcement Stations, with statutory powers assigned to the Sub-Divisional Enforcement Officer and Investigation Officer regarding inquiry, FIR registration, investigation, inspection and seizure.

The Court found that the record did not clearly explain why the PERA statutory mechanism was not followed, whether a complaint/istagasa was submitted by the concerned PERA officer, and why the local police registered the FIR. The more than five-hour delay between the alleged occurrence at about 4:00 p.m. and FIR registration at about 9:35 p.m. also required explanation.