The Lahore High Court (LHC) has clarified that an FIR against a sugar miller cannot be lodged on the complaint of a private individual, including a grower, as Section 21 of the Sugar Factories (Control) Act requires a formal report from the Cane Commissioner, Additional Cane Commissioner, or their nominee.
The ruling came in a petition filed by factory manager Azhar Fazal, who challenged an earlier order by an ex-officio justice of peace directing registration of a case against him and others on charges of harassment and threats.
The court noted that the justice of peace had overlooked the statutory requirement and therefore set aside the order to the extent of FIR registration under the Sugar Factories Act. However, the LHC dismissed Fazal’s petition with respect to charges under Sections 342 and 506 of the Pakistan Penal Code (PPC) and directed the justice of peace to record the respondent’s statement and proceed in line with the law.
According to the allegations, the respondent had supplied sugarcane to the petitioner’s factory but was not paid despite repeated demands. When he approached the petitioner’s general manager with witnesses, he was allegedly ridiculed, detained in a room at gunpoint, and threatened by Fazal and his associates.
The petitioner had assailed the order of the ex-officio justice of peace that called for recording the respondent’s version, registering an FIR, and proceeding further. The court, however, observed that the deputy commissioner’s report, sent to the ex-officio justice of peace, did not establish the liability of the factory occupier at that stage.
While acknowledging that law enforcement must record information about a cognizable offence under Sections 154 or 155 of the Criminal Procedure Code, the LHC underlined that the deputy commissioner’s comments could not be treated as a statutory report under Section 21(b) of the Sugar Factories Act.
The court concluded that prosecution under the Act must be initiated strictly in accordance with its provisions, targeting only those liable under the law, not all individuals associated with the mill.
