Law: Pakistan Penal Code, 1860

Section: 462-C

Pakistan Penal Code, 1860 (XLV of 1860)-- ----S. 462-C--Siphoning off natural gas--Allegation to petitioner--In wake of supply/provision of natural gas as a new source of energy to domestic and commercial consumers, Pakistan Penal Code, 1860 was amended through Criminal Law (Amendment Act) 2011 (Act XX of 2011) so as to incorporate a penal regime to cope with cases of theft, pilferage, interference and tampering, etc--with distribution system and matters ancillary therewith, covering wide spectrum of products under definition of petroleum--It provided a mechanism for prosecution of offences set out in newly inserted chapter i.e. Chapter XVII A--Through Act No. XI of 2016, parliament enacted The Gas (Theft, Control and Recovery) Act, 2016 which came into force throughout Pakistan on 23rd of March, 2016--The new law comprehensively deals with cases of theft, tampering with auxiliary or distribution gas pipelines and with meters thereof including causing wastage or damage thereto--It sets up a tribunal comprising a District and Sessions Judge to prosecute both offences as well as claims for recovery of loss to public exchequer--A comparative analysis of changes brought about by Act clearly illustrates that new regime under exclusive jurisdiction solely deals with cases of gas with no change in generic character of offences earlier enlisted under Chapter XVIIA of Pakistan Penal Code, 1860 except that it provided a new mechanism for assumption of exclusive jurisdiction by Gas Utility Court to try offences as a Court of Session under Code of Criminal Procedure, 1898 (Act V of 1898), however, it required a complaint, in writing by a person authorized in this behalf by a Gas Utility Company--The offences listed above remained cognizable as well as non-bailable with only immunity extended to a domestic consumer, otherwise liable to be dealt with in accordance with provisions of Code ibid--It is in backdrop of above statutory changes, petitioners sought annulment of First Information Report on grounds enumerated above--Survey of above regime unmistakably confirms that a listed offence under new regime by a commercial consumer, notwithstanding statutory changes remain a…

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