Law:

Section:

(a) Criminal Procedure Code (V of 1898)--- ----S. 498---Penal Code (XLV of 1860), S.462-C---Oil and Gas Regulatory Authority Ordinance (XVII of 2002), Ss.2(iv), (xi), (xii), (xxxii), 22, 25 & 29---Explosives Act (IV of 1884), Ss.3 & 4---Gas (Theft Control and Recovery) Ordinance (II of 2014), S.5(7)---Tampering with auxiliary or distribution pipelines of petroleum, undertaking any regulated activity including stealing petroleum in contravention of Oil and Gas Regulatory Authority Ordinance, 2002---Pre-arrest bail, refusal of---Quashment of FIR, application for---Accused contended that Oil and Gas Regulatory Authority Ordinance, 2002 which was a special law would prevail over Penal Code, 1860, a general law and that after lapse of Gas (Theft Control and Recovery) Ordinance, 2014, proceedings under S.462-C, P.P.C. were illegal---Validity---Gas (Theft Control and Recovery) Ordinance, 2014 having been extended for a further period of 120 days, was still holding the field---Preamble of any law was key to ascertain the intention of legislature---Oil and Gas Regulatory Authority Ordinance, 2002 was promulgated to protect public interest and provide effective and efficient regulations for petroleum industry---Under Ss.22 and 23 of the Oil and Gas Regulatory Authority Ordinance, 2002 regulated activity was confined to the supply of natural gas, process of transmission, distribution and sale---"Licensee" and "consumer" were two different terms---Accused was a consumer but he wanted to gain the status of licensee in order to get benefits of various provisions of the Oil and Gas Regulatory Authority Ordinance, 2002---Section 25 of the Oil and Gas Regulatory Authority Ordinance, 2002 related to/applied to any "regulated activity" and a licensee could be held responsible for violation of any such offence including the stealing of petroleum---Consumer could not take the plea that applicability of the provisions of the Oil and Gas Regulatory Authority Ordinance, 2002 to his case barred application of Penal Code---Theft of gas was a pilferage of public property---Crime allegedly committed by accused was offence against entire society---Accused alleged political…

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