| Citation(s) |
|---|
| 2018 SLG 1789 2018 SLD 1789 2018 YLR 1721 |
Peshawar High Court
Criminal Appeal No. 259-P of 2017, decided & hearing on 31-07-2017.
ISHTIAQ IBRAHIM, JUSTICE
Muhammad Arif Khan for Appellant. Bashir Ahmad Safi for
Respondents.
Criminal Appeal No. 259-P of 2017, decided & hearing on 31-07-2017.
ISHTIAQ IBRAHIM, JUSTICE
Muhammad Arif Khan for Appellant. Bashir Ahmad Safi for
Respondents.
GENERAL MANAGER SNGPL
VS
SAFEER ULLAH KHAN AND OTHERS
Law:
Section:
(a) Gas (Theft Control and Recovery) Act (XI of 2016)--- ----Ss, 3, 5 & 14---Tampering with gas pipe-line---Jurisdiction of Gas Utility Court---Scope---Allegation against the accused/respondent was that they had taken illegal gas supply connection for running their factory---Company filed a complaint before the Trial Court/Gas Utility Court on the basis of said allegation, which was disposed of with the observation that the appropriate procedure for the company would be to lodge report/complaint to the police---Validity---Mechanism had been laid down in the Gas (Theft Control and Recovery) Act, 2016 for proceeding against person who committed offence under the Act---Section 5(2) of the said Act described that Gas Utility Court would not take cognizance of any offence punishable under the Act except upon a complaint made in writing by a person authorized in that behalf by a Gas Utility Company in respect of which the offence was committed---Trial Court being empowered under S.3 of the Act to act as Gas Utility Court was required to take cognizance of the offence punishable under the Act and to entertain the complaint filed before it by the company---Appeal was allowed by the High Court by setting aside the impugned order and Trial Court was directed to decide the matter according to law. (b) Interpretation of statutes--- ----'General' and 'special' law---Conflict---Effect---Special law would have prevalence over the general law---Where there was a conflict between a special law and a general law, the former would prevail over the latter. THIS JUDGMENT DELIVERED BY: ISHTIAQ IBRAHIM, J.--- This is an appeal under section Thirteen (13) of the Gas (Theft Control and Recovery) Act, 2016 by the appellants against the order/judgment dated 12.4.2017 passed by learned Additional District and Sessions Judge/Gas Utility Court, Peshawar whereby the complaint filed by the appellants against the respondents was disposed of. 2. A complaint was filed by the present appellants under section Five (5) the Gas (Theft Control and Recovery) Act, 2016 before the Additional District and Sessions Judge/ Gas Utility Court stating that they conducted a raid on the chips factory of…
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