Law: Electricity Act, 1910

Section: 39,50

Electricity Act (IX of 1910)------ ----Ss. 39, 50-Prosecution of accused must be at instance of one of the persons enumerated in S. 50 though offence deemed to be theft under S. 39-"S. D. O., P. Lid. D. Electricity Branch"-"Person aggrieved". As the offence of dishonestly abstracting or consuming electric energy was created by section 39 of the Electricity Act, S. 50 of the Act will have application to proceedings against the accused, and the prosecution of the accused must be instituted at the instance of one of the persons enumerated in section 50 of the Electricity Act. Dina Nath v. Emperor A I R 1935 Lah. 191; Vishwanath v. Emperor A I R 1936 All. 724, ref. The officer, called the "S. D. O., P. W. D., Electricity Branch" is in charge -of the property of Government and res­ponsible for a proper working in the area in his charge of the electric undertaking run by Government. He is, therefore, a person, "aggrieved" by theft of energy committed by the accused. Bhagalpur Electric Supply Co. Ltd. v. Hari Pershad Saha and others A I R 1938 Pat. 15 ref. Dina Nath v. Emperor A I R 1935 Lah. 191, distinguished. JUDGMENT SHABIR AHMAD, J -Nasim Ansari and Abdul Wahid were standing trial for an offence under section 39 of the Electricity Act of 1910 before Mr. G. S. Khan, Magistrate, 1st class, Sial­kot, who, by his order dated 16th June, 1951, discharged them. The Crown being of the view that the order of discharge was not justified, presented a petition in the Court of the Sessions Judge, Sialkot. The Sessions Judge by his order dated the 30th November, 1951, accepted the petition for revision presented by the Crown and against that order Nasim Ansari and Abdul" Wahid have come up in revision. The prosecution case was that when a raid was conducted on the house occupied by the two petitioners it was found that they were using electricity though they had no authorised con­nection in the house. The raiding party consisted of Mr. Abdul Qayyum, S. D. O., P. W. D., Electricity Branch, Sialkot, Mirza Salim Beg, S.H.O., Lalamusa, District Gujrat, and some others. After discovering the unauthorized use of energy by the petitioners Mr. Abdul Qayyum gave a ruqa to Mirza Salim…

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