Court orders police to lodge FIR in sugar theft case

Says Kashmir Sugar Mills, owned by Nawaz Sharif’s relatives, prima facie committed theft

LAHORE: A court on Saturday ordered police to register an FIR against owners of the Kashmir Sugar Mills for allegedly stealing pledged stock of 3,41,840  sugar bags. The Kashmir Sugar Mills are stated to be owned by relatives of former prime minister Nawaz Sharif.

Additional District & Sessions Judge Syed Muhammad Ilyas, accepting applications of two different petitioners, ordered them to approach the SHO Shorkot, who was also directed to proceed within the domain of section 154 CrPC.

The petitioners – Muhammad Ahmed and Khalil Anjum – had sought a case against mills owners – Javed Shafi, Shahid Shafi, Khalida Pervaiz, Zahid Shafi and Tariq Shafi as well as its accounts officer, deputy accounts officer and assistant account officer.

Petitioner Muhammad Ahmed contended that 1,24,440 bags of sugar were pledged by the Kashmir Sugar Mill Limited with The Bank of Khyber.

The petitioner’s company M/S Sardar Enterprises was deputed by the said bank for watch and ward of the pledged stock as ‘Muccadam’ adding the stock was in the legal possession of the petitioner.

The other petitioner, Khalil Anjum, told the court that 2,17,400 sugar bags were pledged by the Kashmir Sugar Mill Limited with Bank Alfalah Limited and his company MYK Associates was deputed by Bank Alfalah Limited for watch and ward of the pledged stock as ‘Muccadam’.

They contended that on March 27 and 28, 2019 they were informed by their go-down keepers that the pledged stock sugar was being loaded on vehicles. As they reached the go-down, the mills security officer and security guards stopped them outside the place.

They said the accused persons succeeded in taking away the sugar stock by committing offence. They said they also called the police but all in vain.

The petitioner’s counsels said the petitioners were trustees of the said banks as Muccadam in relation to the pledged good and were responsible to ensure that pledged goods are not subject to any damage or loss by any person; hence prima facie a cognizable offence was committed.

The counsel for accused said it was an issue concerning banks and customer. Citing cases, he told the court that criminal proceedings could not be initiated in this matter as it is to be dealt with by the special court under provision of Financial Institution (Recovery of Finance) Ordinance XLVI of 2001.

The court after going through the judgments referred to by the counsels for the accused said the cited judgments are not applicable to the facts of the case. It said the accused prima facie committed theft of the pledged stock and petitioner has right to approach police for registration of an FIR.