Non-Registration of FIR

 Watch Also

   

  Non-Registration of FIR 

Remedy.....

 1.Place complaint to the District Police Officer (DPO) or Capital City Police Officer. 

2-If grievance sustans, complain to the Deputy Inspector General (DIG) of police. 

3- Complaint in writing and by post may be sent to the DPO, CCPO, DIG. 

4- Complaint may be made to the District Public Safety and Police Complaints. 

5- A private complaint u/s.200 Cr.Pc. before the area Magistrate having jurisdiction.

6- Petition  u/s. 22 A & 22B Cr. Pc may be filed before Ex - officio justice of peace/ D&SJ, who may direction as per lex lata. 

7- In case non compliance of direction of JOP, Petition may be filed before JOP for compliance of previous order and proceedings u/ a. 155(c)  Police order 2002.

 It is better to file Complaint u/ s. 200 Cr. Pc rather to be registration of FIR by the police. 

Disputes as to Jurisdiction of Police Station

                    * Pursuant to receiving the first information germane to the commission of an offence, it is its responsibility to immediately act and investigate the case. 

If there is a dispute between two the police stations as to their territorial jurisdiction. The police shall  follow the following procedure:

A) Information  shall be entered in the Daily Diary prescribed for this purpose (25-5 of the Police Rules,1934).

B)  Zero FIR Concetp is also there, thst will be sent to the concerned  Police Station. 

C) The SHO recieving the information  of offence will stay on the spot and keep on investigating into the case. The case record in such a case shall remain with the SHO who reaches the spot earlier until the question of jurisdiction has been decided (25-5 of the Police Rules,1934).

D) One of the two police officers is relieved after the determination of area of jurisdiction by senior police officers.

E)The relieving officer shall record a report of all  done in a case diary and sign it, giving the date and hour of his relief.

F) Such case diary shall be handed over to the other police officer, who shall certify thereon that he acknowledges the case to have occurred within his station limits or to be one which he is empowered to investigate, as the case may be (25-6 of the Police Rules, 1934).

G). When a case is transferred from one police station to another, after determination of area ofjurisdiction, the offence registered in the original police station, zero FIR shall be cancelled by the Superintendent of Police and an FIR shall be submitted in the police station in the jurisdiction of which the case occurred (25-7 of the Police Rules. 

Declaratory Suit

 To Learn More.....Click here   

       2020 SCMR 202

       Section 42 Specific Relief Act, (I of 1877) ==== Suit for declaration-- Declaratory decree-- Through a suit filed under S. 42 of the Specific Relief Act, 1877 a declaration could be granted with regard to legal character or the right as to any property; however, no new right could be created an favour of plaintiff by grant of a declaratory decree.

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 2020 CLC 499 Push a ear 

     Section 42 Specific Relief Act (I of 1877) ==== Suit for declaration-- Agreement to sell-- Mere agreement to sell could neither create any title nor any right or interest in suit property-- Declaratory suit filed under S. 42 of Specific Relief Act, 1877 is not maintainable under the law on the strength of oral agreement to sell.

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GIFT. CASE LAWS

 

Case laws on Gift / Tamleek 

            2016 MLD 1535 Lahore

Ingredients---Mutation---Proof of---Procedure---Defendants being beneficiary of disputed gift mutation were bound to prove the transaction of tamleek which might have been settled at some prior point of time of attestation of the same---Donee did not plead any date, time, place and the names of witnesses to explain as to when and where and in whose presence alleged offer to gift out suit property had been made---Donee remained fail to prove the transaction of disputed gift in absence of such details in the written statement---Mutation per se was not a deed of title but it would indicate some previous oral transaction between the parties---Whenever any mutation was challenged then burden would lie on the beneficiary to prove the same as well as original transaction which he was required to fall back upon---Only one witness of mutation of tamleek was produced to prove its valid attestation---Said witness did not depose that donor had ever made any offer to gift out the suit property to the donee and he accepted the said offer in his presence---Transaction could not be declared to have been validly proved in absence of two basic ingredients of gift---Testimony of said witness was not helpful to the beneficiary---Disputed mutation was attested by practicing fraud misrepresentation---Attestation of disputed mutation by two real brothers had created doubt regarding its authenticity---Beneficiary of disputed mutation had failed to produce revenue officials who had entered and attested the same---Revenue officials were the best persons who could prove the valid attestation of tamleek mutation---Best evidence had been withheld by the beneficiaries without showing any justification and inference would be against them---Revenue Officer was bound to conduct the proceedings in a common assembly in the concerned revenue estate to attest the mutation but same was not conducted therein---Beneficiaries of gift had failed to prove ingredients of the same.

2014 MLD 1672 Peshawar

Parties were legal heirs of deceased owner of suit property but plaintiff assailed tamleek mutation attested in favour of defendant---Validity---Defence witness stated that he was marginal witness of tamleek mutation and had correctly thumb impressed the same---Defence witness also deposed that other marginal witness of mutation had also correctly thumb impressed the same and at the time of attestation of mutation in question, the owners were also present and had correctly signed the same---Plaintiff failed to establish her claim by way of producing cogent, confidence inspiring and conclusive evidence.

          2014 CLC 1659 Peshawar

Gift---Ingredients/essentials---Burden of proof Defendants being beneficiary of the tamleek mutation had to prove that property was legally transferred to them---Three ingredients namely offer, acceptance and delivery of possession were the litmus test to ascertain the validity of a tamleek or gift transaction---No evidence of delivery of possession was adduced---Mutation per se was not sufficient to prove the factum of gift unless actual transaction thereof was proved---Mutation was attested in Mauza other than the one where suit land was situated---Revenue Officer sanctioning the mutation had not been produced as witness to prove the genuineness of the transaction.

      2014 YLR 2053 Lahore

Gift/tamleek --Proof--- Ingredients--- Sanction of mutation---Procedure---Plaintiff assailed mutations of gift/tamleek s in favour of defendants on the basis of forgery and fraud---Trial Court decreed the suit in favour of the plaintiff and Lower Appellate Court dismissed the appeal of the defendants---Concurrent findings of facts---Validity---Every mutation entry was to be recorded in presence of the person whose right had been acquired and that if said person had been identified by two respectable persons; Signature/thumb impressions of identifying witnesses shall also be obtained by the revenue officer on register of mutation---If at the time of sanction of mutations, the parties had not appeared, that would shatter the entire case of defendants---To prove valid gift/ tamleek three ingredients viz. offer, acceptance and handing over of possession were sine qua non---Defendants in their written statements had not provided necessary details as to where and how the transactions of gift/tamleek had taken place; there was no detail about the offer of sale or payment of consideration nor was there any detail as to how donor had made an offer of gift to the donees/defendants and as to when donees had accepted that offer and how the physical possession was given to the donees---Defendants/beneficiaries failed to establish the transaction of sale and tamleek respectively---Beneficiaries had to prove the factum of tamleek in their favour especially in the circumstances where some of the legal heirs had been deprived from their lawful right of inheritance.

          PLD 2013 Lahore 498 

                      (J. Shujat Ali Khan)

Definition of “Tamleek” :  

Hon’able Court hold that the term tamleek has not been defined anywhere but according to the verdicts of Superior Courts the same is considered as one of the kind of gift and it is equated with the term ‘family settlement’.

According to BLD : ‘Family settlement’ means an agreement between members of a family settling the distribution of family property among them …… an arrangement / agreement between heirs of a deceased person by which they agree on distribution on management of estate without administration by court having jurisdiction of such administration proceedings.

Definition of “Gift/Hiba” : 

By D.F. Mulla :- (i)- Hiba/Gift means Transfer of property, made immediately, and without consideration, by one person to another , accepted by or on behalf of that other person.

(ii)- Hiba means transfer of right of property in substance by one person to another without consideration which is a condition to be fulfilled in order to make a gift valid.

According to BLD :-   A voluntary transfer of property to another made gratuitously and without consideration.

Meaning of Gift hold by Hon’able Court : A voluntary transfer of something to another, without any consideration, irrespective of the fact as to whether the donor or donee has any relation with each other or not. 

Distinction of Tamleek and Gift :

In gift the donor can transfer property to anyone else, but in tamleek the condition precedent is the the same should be amongst the family members/legal heirs only.

PLD 2013 Lahore 333

6"tamleek "---Meanings---"tamleek " would mean assignment of ownership---"tamleek " being a kind of gift in favour of expected legal heir.

2013 CLC 499 Lahore    

(J. Shujat Ali Khan)

To prove valid gift/tamleek three ingredients viz offer, acceptance and handing over of possession were sine qua non but according to revenue record neither name of defendants had been incorporated in the record as owner nor they were in possession of suit-land---

Process of attestation of mutation was completed at residence of Tehsildar (Revenue Officer) concerned which was violation of S.42 of West Pakistan Land Revenue Act, 1967---

Entries in Revenue Record in the shape of mutations were not conclusive proof of ownership until and unless transaction on the basis whereof the same were attested was fully established from evidence.

Limitation---Effect of Plea of fraud--- When mutation challenged in suit, otherwise proved to be result of fraud and forgery, question of limitation cannot be pressed into service to put use as a shield. Relied on 1987 SCMR 1543

2012 CLC 1651 Lahore

Gift/tamleek through mutation---Proof---Beneficiary of tamleek transaction would be bound to prove first event of tamleek prior to attestation of its mutation---Mere attestation of such mutation would not be sufficient.

     2010 CLC 837 Lahore

Gift, cancellation of---Courts below considering the factum that mutation of tamleek was sanctioned in favour of the defendant when he was a minor, dismissed the suit filed by the plaintiff---Courts below also gave due weightage to the statement of Halqa Patwari and concluded that he was an independent witness---After scrutinizing the entire evidence on record, it was concluded that defendant had successfully proved the factum of appearance of the plaintiff before the revenue hierarchy for attestation of mutation of tamleek ---Courts below had further observed that there was valid offer and acceptance; and as the tamleek was made in favour of minor son, there was no need for transfer of possession.

EVM

ELECTRIC  VOTING  MACHINE (EVM) 

ISLAMABAD, April 4 (APP): The million-dollar question of whether Pakistan opts for electronic voting, or continues with traditional methods, hangs in balance for the time being, while work on an Electronic Voting Machine (EVM) continues at a rapid pace.

   Over the years the governments in the past have been reluctant to go for transparent voting systems, owing to obvious reasons, however, the government of Pakistan Tehreek-e-Insaaf, proved to be different, as it champions a cause, which traditional political systems despise.

 Prime Minister Imran Khan in November last year announced his government’s intention to introduce electronic voting to ensure free and fair general elections. In his address to the nation, he said all parties including the PTI, Pakistan Muslim League – Nawaz (PML-N) and Pakistan Peoples Party (PPP) had levelled allegations of the 2013 elections being rigged and said the allegation was repeated again in 2018.

 He vowed that his party would get approval from the parliament for electronic voting. He said the EVM, would not only enable millions of Pakistanis abroad to vote in elections but modern technology will make the election process transparent.

  “The EVM will counter the voter fraud claims made after losing the polls”, Imran Khan said.

Work on the EVM was initiated over a decade ago in the country but the equipment could not be used due to the reluctance of previous regimes. The National Institute of Electronics (NIE) upgraded the old equipment to make it compatible with modern communication systems. The NIE moved swiftly as the Minister for Science and Technology, Chaudhry Fawad Hussain was keen to see it up and running.

     Trials for the equipment are being done under practical conditions to ensure no repeat of the failure of the Results Transmission System (RTS), which was part of the Election Results Management system for the 2018 general elections.

The indigenous technology has been developed by the experts of NIE as per international standards by ensuring accuracy, reliability and security.

  Director-General NIE, Abdul Majeed Soomro, said the first version of EVM was developed in the year 2015 after the Election Commission of Pakistan (ECP) decided to use this technology for conducting elections and floated a tender for its production.

      The NIE participated in the tender along with international companies but the decision could not be made at that time. Since then, NIE had been working on this technology on its own by incorporating the latest features in it as per modern requirements.

      The Minister for Science and Technology, Chaudhry Fawad Hussain recently formed a committee to hold further consultations to improve this technology so as to use it for the next elections.

       Electronic Voting Machine made by the National Institute of ElectronicsElectronic Voting Machine made by the National Institute of ElectronicsThe EVM, which on a first glance looks like a very crude contraption, comprises of three main components (machines) including a Ballot box that can print the ballot paper and keep its record secretly, a Vote Casting Unit that has electronic symbols and a Control Unit which will be used by ECP to operate the equipment and get the results.

   Since the technology had been developed keeping in view the importance of data security and accuracy of election results, the results gathered through EVM can be double-checked and verified through ballot paper printed within the machine to eliminate chances of rigging.

  The NIE plans to improve on the design, with the full backing of Chaudhry Fawad Hussain, who since becoming the Minister has been actively pursuing various products of the institute and helping out in commercialization, while maintaining coordination with other departments.

   Ballot Box Machine that prints out a receipt and also maintains record

Ballot Box Machine that prints out a receipt and also maintains record

Vote Casting Unit has symbols of all contesting parties - Voters can press a button of their choice to cast the vote

Vote Casting Unit has symbols of all contesting parties – Voters can press a button of their choice to cast the vote

Control Unit of EVM

Control Unit of EVM

Former Secretary of ECP, Kanwar Muhammad Dilshad said the project of EVM was under-consideration in ECP for the last 15 years but could not be implemented due to the unwillingness of the previous governments.

Since he was serving in the ECP, a lot of work on EVM was done but could not be carried forward due to the lack of seriousness of the then government.  “EVM is the best solution to curb the electoral fraud and irregularities,” he believes.

   He said biometric logging of voters was very essential to verify their thumb impressions, and they can then move to the polling booth to cast vote by pressing a button on the electronic symbol,  which he said would eliminate the chance of rigging and tempering of ballot paper and Form-45.

Kanwar Dilshad was of the view that ECP will agree on using this machine only after the legislation and constitutional amendment which can be initiated by any political party.

      Meanwhile, Pakistan Tehreek-e-Insaf leader, Kanwal Shauzab said India is the largest country in terms of population as compared to Pakistan and if India can adopt EVM technology for elections why not Pakistan?

This technology is being used across the world including Europe and the United States where the elections are mostly undisputed. This is why their democracy has been flourishing.

   She said Pakistan should adopt this technology to ensure the accuracy of election results through reduced human interference and to avoid any dispute.

      Voting machines have been used since 1910 in the United States of America, where mechanical lever-operated machines, were used to select the candidate of choice. However, these have given way to newer touch screen machines, used in some of the States in the 2020 US election.

 While the NIE is testing its machine, the Election Commission of Pakistan also experimented with another system for e-voting. Prime Minister Imran Khan was given a demonstration of an upgraded model of the electronic voting machine prepared by the Research and Development department of the Comsats University and the National Institute of Electronics on wednesday.

  Prime Minister Imran Khan said introduction of electronic voting machine was critical for ensuring a transparent, safe and impartial voting process in the country and was imperative for the national and democratic interests of the country.

Whatever final shape these machines take in the days ahead, the future of electronic voting seems to be imminent and would ensure a free and fair election. The use of such machines in the future will go a long way in not only strengthening democracy but also put an end to the bickering, and allegations of rigging that not only mars the entire process but also undermines national development

Bail and Pandemic

2021 P Cr. L J 513

Criminal Procedure Code (V of 1898)---

---S. 497---Bail, grant of--

-Pandemic situation---Safety concerns of prisoners---Accused persons were confined in jail and there was extraordinary situation arisen due to COVID-19---Effect---Policy was framed by Federal Government and there were intolerable living conditions in over-crowed Central Prison, (Rawalpindi)---There was gravity of risk posed by Novel COVID-19, to safety concerns of prisons and their right to life---High Court directed Chief Commissioner and Inspector General of Police of Capital Territory to constitute a joint committee to scrutinize each case and release in each would be subject to satisfaction of that Committee---High Court admitted all those accused persons to bail who were alleged to have been involved in offences falling under non-prohibitory clause of S. 497, Cr.P.C.---Petition allowed accordingly.

Roznamcha Police

      

              PL D 2021 Lahore 105

(a) Police Rules, 1934---

----R. 22.4 (as amended)---Roznamcha waqiati---Maintenance of hard copy---Scope---Wisdom underlying the maintaining of manual roznamcha is to rule out the possibility of any fabrication which can easily be incorporated in the soft copy, hence, in all eventualities soft copy can never be a substitute of manual register maintained in terms of previous practice in vogue---Careful perusal of the amendment made in R. 22.4 divulges that maintaining of manual roznamcha has not been prohibited rather it delineates that in addition to hard copy, soft copy (electronic copy) of the registers shall be prepared---High Court issued direction to Inspector General of police to immediately issue directions to the police hierarchy throughout the Province to keep maintaining manual roznamcha waqiati as per previous practice---Electronic copy of the same as introduced through amendment would continue simultaneously.

(b) Criminal Procedure Code (V of 1898)---

----S. 497---Control of Narcotic Substances Act (XXV of 1997), Ss. 9(c) & 51---Possession of narcotics---Bail, grant of---Scope---Accused was alleged to have been found in possession of narcotics---Contention of accused was that two different FIRs were registered at the same police station within a span of ten minutes---First FIR was against her husband with regard to recovery of narcotic substance in front of his house while the other FIR was registered against the accused narrating the story that the charas was recovered from her and venue of recovery was mentioned as backside of the same house---Possibility of maneuvering false case implicating the accused in the case at the hands of complainant/local police could not be ruled out---Accused was a woman folk who was stated to be previous non-convict and behind the bars since the date of her arrest---Investigation being complete, person of the accused was no more required for further investigation---Sufficient grounds existed to

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FIR

 Importance of FIR. 

1.It sets the process of criminal justice in motion.

2.The police starts investigation thereafter in Cognizable cases u/s. 155 Cr.Pc

3.Investigation in non- cognizable case ,after permission of the area magistrate u/s.156Cr.Pc.

Relevant Fact.21, 22, 23, 25, 49, 50 of Qanoon-e-Shahadat Order 1984.

* Who can lodge an FIR?

1.Anyone having knowledge or information germane to the commission of a cognizable offence. 

2. The victim of the crime may be informer and lodge FIR.

3. A police officer  having knowledge or information of a cognizable offence can file an FIR. 

3 . Any person seen the offence being committed.

Investigation is dispensed, when:

1. The case is not serious in nature;

2. The police feel that there is not enough ground to investigate;

3. The police resources are already busy in investigating more serious offences.

However,

          * The police must record the reasons for not conducting an investigation .   

                     * It must be reported to the Magistrate u/s.157 CR.Pc,1898).

Procedure for lodging an FIR. 

1.S.154 CR. Pc The procedure of filing  FIR. 

2.Information of commission of cognizable offence may be oral or written. 

3.The police must write it down.

4. The police is bound to read over to the informant.

5. The informant will sign it verifying the information given by you. 

6. People who cannot read or write must put their left thumb impression thereon. 

7.Always ask for a copy of the FIR, if the police do not give it to you.

8. It is your right to get a copy of FIR free of cost.

     NEVER:-

1. File a false complaint or give wrong information to the police. 

2.You can be prosecuted   for giving false information .(Section 182 of the PPC,1860).

3. Exaggerate or distort facts.

4.Make vague  statements.

5. Refuse to sign your statement of FIR ,you can be prosecuted under section 180.PPC 1860.

6.  Lodge a false charge of offence with intent to injure a person you can be prosecuted under section 211 of Pakistan Penal Code, 1860.

Watch also:-

Zero FIR

https://youtu.be/EK_Z-Pr3ci-

Investigation.. 

https://youtu.be/kBpeQp4Uw2w

Cheque Dishonored

    Cheque Dishonored 

                   Section 489-F .PPC. 

           Essential ingredients:-

 (i) the  cheque was  duly  issued,  

(ii) it  was  issued  with  dishonest                     intention.  

(iii)  it  was  issued  towards  repayment  of :-

           √ a  loan  or  

          √ fulfilment of  an  obligation,  and  

(iv)  it  was  dishonoured  on  presentation.    

          •Absence  of  even  one  of  these  elements  would  take  the  case  out  of the  ambit  of Section  489-F PPC.

Ref:-2020 YLR 2064

Part Performance of Contract

 

       

          Part Performance of Contract.

                        Law:- S. 13 SRA, 1877.

   ** Notwithstanding section 56 of the Contract Act,

 1.The subject of contract has partially ceased to exist .

 2- Whole contract is impossible of performance. 

  3.The whole subject must be existing at its date, 

4. The incapable of performance portion Ceased to exist at the time of the performance. 

Illustrations 

(a) A contracts to sell a house to B for a lakh of taka. The day after the contract is made the house is destroyed by a cyclone. B may be compelled to perform his part of the contract by paying the purchase-money. 

(b) In consideration of a sum of money payable by B, A contracts to grant an annuity to B for B's life. The day after the contract has been made, B is thrown 

from his horse and killed. B's representative may be compelled to pay the purchase-money.

 (a) A contracts to sell a house to B for a lakh of taka. The day after the contract is made the house is destroyed by a cyclone. B may be compelled to perform his part of the contract by paying the purchase-money. 

(b) In consideration of a sum of money payable by B, A contracts to grant an annuity to B for B's life. The day after the contract has been made, B is thrown from his horse and killed. B's representative may be compelled to pay the purchase-money. 

Price Control Act

               PRICE CONTROL ACT. 

 

       THE PUNJAB PREVENTION OF                        HOARDING ACT 2020

                         (Act XV of 2020)

C O N T E N T S

SECTIONS            HEADINGS                                                                                 

        1.      Short title, extent and commencement.

           2.      Definitions.

           3.      Offence of hoarding.

           4.      Power to search for and seizure of article.

           5.      Power to auction seized articles.

           6.      Cognizance of offence and arrest without warrant.

           7.      Offences by corporations etc.

           8.      Power to try offences summarily.

          9.      Appeal.

         10.    Reward for informers.

           11.    Information and declarations.

          12.    Offences in respect of false reporting and failure to disclose information.

           13.    Protection of action taken under the Act.

           14.    Action in aid of an officer.

            15.    Power to make rules.

            16.    Act to override other laws.

           17.    Power to amend Schedule.

           18.    Repeal.

                    SCHEDULE

   THE PUNJAB PREVENTION OF                                HOARDING ACT 2020

                    ACT XV OF 2020

                   11th August 2020

An Act to provide for the prevention of hoarding in respect of certain articles.

    It is expedient to provide for the prevention of hoarding in respect of scheduled articles in an emergent situation resulting from the outbreak of the Corona virus pandemic (COVID-19) and for matters connected therewith and ancillary thereto.Events of hoarding contribute to adversities, in geometric progression, to the people at large, especially in circumstances of partial or complete lock-down.

   Be it enacted by Provincial Assembly of the Punjab as follows:

1.         Short title, extent and commencement.– (1) This Act may be cited as the Punjab Prevention of Hoarding Act 2020.

(2)       It extends to whole of the Punjab.

(3)       It shall come into force at once.

2.         Definitions.– In this Act:

(a)                “article” means any of the articles specified in the Schedule to this Act;

(b)               “Code” means the Code of Criminal Procedure, 1898 (V of 1898);

(c)                "dealer" means any person, trader, partnership firm, whether registered or unregistered, an association or body of persons or individuals, or a company, or their agents carrying on the business of purchasing, selling or stocking of any article and includes a manufacturer, producer, packager, importer, exporter, wholesaler or retailer of such article;

(d)               “Government” means Government of the Punjab;

(e)                “hoard” or “hoarding”:

(i)         means stocking or storing anything in excess of the maximum quantity of articles allowed to be held in stock or storage, in the manner as may be prescribed; or

(ii)        where no maximum quantity of an article is prescribed under sub-clause (i), “hoard” or “hoarding” shall mean stocking or accumulation of articles without offering such articles for sale, despite there being a demand by consumers;

(f)                “officer” means a Deputy Commissioner as defined under the Punjab Civil Administration Act 2017 (III of 2017) or such other officer as may be authorized by a Deputy Commissioner in this behalf; and

(g)               “prescribed” means prescribed by rules made under this Act.

3.         Offence of hoarding.– (1) Any dealer who is found to hoard any article shall be guilty of an offence punishable with simple imprisonment up to three years and fine equivalent to fifty percent of the value of the articles involved in the case.

(2)        The value of articles for the purposes of subsection (1) shall be determined in the manner as may be prescribed.

4.         Power to search for and seizure of article.– (1) When an officer has reasonable grounds to suspect, either upon information from anyone or on his own, that there has been a contravention of any of the provisions of this Act, he may, after recording in writing the grounds of his suspicion, enter and search, without any warrant, any place where a dealer keeps, or is for the time being keeping, any article, accounts, registers or any other related items or things.

(2)        Upon entry in and search of a premises under subsection (1), if articles are found at such premises in contravention of any of the provisions of this Act, the officer shall immediately seize the same and prepare a detailed report of the articles and other relevant material found during the search.

(3)        The provisions of the Code shall not be applicable on search and seizure under this Act.

5.         Power to auction seized articles.– (1) Notwithstanding anything contained in any other law for the time being in force and in addition to the prosecution under this Act, the officer may sell the articles seized under section 4, by auction in the manner as may be prescribed. 

(2)        The proceeds collected under subsection (1) shall be deposited in a profit bearing bank account in the National Bank of Pakistan, and if:

(a)        the accused person whose articles are auctioned is acquitted of an offence under section 3, the deposited amount along with the profit shall be released to the said accused; or

(b)        the accused person whose articles are auctioned is convicted of an offence under section 3, the deposited amount along with the profit shall be released into the Government exchequer.

6.         Cognizance of offence and arrest without warrant.– (1) Notwithstanding anything contained in the Code, all offences punishable under this Act shall be cognizable and non-bailable.(

2)        The Special Magistrate under section 8 shall take cognizance of an offence under this Act, upon written information by the officer.(

3)        An officer may arrest any person without warrant against whom there is credible information that he has committed an offence under this Act.

7.         Offences by corporations etc.– If an offence under this Act is committed by a company or body corporate or a partnership firm or other association or body of persons or individuals, every director, partner, manager, secretary, member or other officer, the principal, primary or beneficial owner or agents thereof shall, unless he proves that the contravention took place without his knowledge or that he exercised all due diligence to prevent such contravention, be deemed to be guilty of such contravention and shall be liable to punishment under this Act.

8.         Power to try offences summarily.– (1) Notwithstanding anything contained in section 260 of the Code, offences punishable under this Act shall be tried by a Special Magistrate appointed under section 14A of the Code in a summary manner as provided in sections 262 to 265 of the Code:P

Provided that subsection (2) of section 262 of the Code shall not apply to the trials of offences under subsection (1).

(2)        The trial under this Act shall be concluded within thirty days.

9.         Appeal.– (1) A person aggrieved by an order of conviction and sentence under this Act may file an appeal before a District and Sessions Judge of the concerned District within thirty days of the said order.

(2)        An appeal under subsection (1) shall be disposed of within thirty days.

10.       Reward for informers.– Any person who provides an information to an officer with regard to any act of hoarding, which results in a conviction and release of funds into the Government exchequer, shall be entitled to an award equivalent to ten percent of the amount released to the Government exchequer in such manner as may be prescribed.

11.       Information and declarations.– (1) Every dealer shall provide to the concerned officer, such information regarding production, import, export, purchase, stock, sale or distribution of any of the articles as the officer may, by an order in writing, require.

(2)        The officer may direct the owner or manufacturer of articles or owner and management of godowns or storage places or their agents to declare stocks of any particular item, owned or managed by them at their premises, at any point in time or at such periodical intervals as he may deem fit.

(3)        The declaration to be made under subsection (2), shall include the quantity of stock, its value, date of purchase, copies of procurement invoices in any given time frame, along with details of any sale or sale agreements.

(4)        The officer may verify the stock as well as the books or documents in respect of the stock, purchase or sale, at any time, in respect of articles.

(5)        While carrying out the verification of stock in terms of subsection (4) or upon receipt of any information from whatever source, the officer may require the dealer, owner or manager of a godown or storage place to furnish the details of persons, shops, firms or companies, etc. from whom the purchases have been made and to whom the sales have been or are to be made.

12.       Offences in respect of false reporting and failure to disclose information.– Any dealer or owner of a godown or a storage place or their management or agent, who fails to provide information or gives fake or false information with regard to any of the items or details under section 11, or provides information of contracts, agreements or arrangements found to be fake or false, or is otherwise found to be involved in speculative dealings or market manipulation, creating artificial, false or misleading appearance with respect to the price of, or market for, the articles, shall be guilty of an offence punishable with simple imprisonment up to three years and fine up to rupees one million. 

13.       Protection of action taken under the Act.– (1) No suit, prosecution or other legal proceedings shall lie against any person for anything done in good faith under this Act.

(2)        Except as provided in this Act, no suit or other legal proceedings shall lie to challenge any proceedings under this Act on any ground.

14.       Action in aid of an officer.– In giving effect to the provisions of this Act, an officer, where he deems fit, may seek the aid of law enforcement agencies.

15.       Power to make rules.– The Government may, by notification in the official Gazette, make rules to carry out the purpose of this Act.

16.       Act to override other laws.– The provisions of this Act shall have effect notwithstanding anything contained in any other law for the time being in force.

17.       Power to amend Schedule.– The Government may, by notification in official Gazette, amend the Schedule so as to add or omit from it any entry.

18.       Repeal. The Punjab Prevention of Hoarding Ordinance 2020 (VI of 2020) is hereby repealed.

          SCHEDULE

                      (See section 2)

1.               Tea

2.               White sugar

3.               Milk

4.               Powdered Milk

5.               Milk food for infants

6.               Edible Oils, hydrogenated or otherwise

7.               Aerated water, fruit juices and squashes

8.               Salt

9.               Potatoes

10.           Onion

11.           Pulses all sorts

12.           Fish all sorts

13.           Beef

14.           Mutton

15.           Eggs

16.           Gur

17.           Spices and vegetable

18.           Red Chilies

19.           Drugs and Medicines

20.           Kerosene Oil

21.           Matches

22.           Coal

23.           Chemical Fertilizers all sorts

24.           Poultry Food

25.           Cement

26.           Phutti (seed cotton)

27.           Cotton (Lint)

28.           Cotton Seed all sorts

29.           Wool, shoddy or raw

30.           Caustic Soda

31.           Soda Ash

32.           Paddy

33.           Pesticides.

34.           Meat on Hoof

35.           Wheat Flour all sorts

36.           Surgical Gloves

37.           Face Masks

38.           N95 Masks

39.           Sanitizers

40.           Surface Cleaning Products

41.           Isopropyl Alcohol.

1.This Act was passed by the Punjab Assembly on 15 July 2020; assented to by the Governor of the Punjab on 28 July 2020; and was published in the Punjab Gazette (Extraordinary), dated 11 August 2020; pages 561-564.