BHAGALPUR ELECTRIC SUPPLY CO LTD Vs. PROFULLA KUMAR GHOSAL

JUDGEMENT

(1.) This is a rule issued by Agarwala, J., against the acquittal of Pramatha Nath Ghosh on charges under Section 379, I.P.C. and Secs.39 and 44(c), Electricity Act. It was issued at the instance of the Bhagalpur Electric Supply Co. through Mr. K.N. Makhija, their Resident Engineer. The trying Magistrate found that the prosecution evidence was defective and that the prosecution had failed to connect with the charges framed the three accused persons of whom Pramatha Nath Ghosh is one, Agarwala, J. having declined to interfere with the acquittal of the two others as prayed for by the complainant.

(2.) Of direct theft there was no evidence. Section 39, Electricity Act, however provides not only that whoever dishonestly abstracts, consumes or uses any energy shall be deemed to have committed theft within the meaning of the Penal Code, but also that the existence of artificial means for such abstraction shall be prima facie evidence of such dishonest abstraction. This dispenses with direct proof of abstraction by the accused, but does not indicate the person who is to be held liable for the constructive abstraction.

(3.) Under Section 44(c) of the Act (to quote only the portion that is now relevant), whoever maliciously prevents any such meter (that is, any meter referred to in Section 26, Sub-section (1)) from duly registering shall be punishable with fine. The section further provides that if it is proved that any artificial means exist for causing such prevention as is referred to in Clause (c) and that the meter is in the custody or control of the consumer, whether it is his property or not, it shall be presumed, until the contrary is proved, that such prevention has been knowingly and wilfully caused by such consumer. The case of the prosecution was that a meter No. 281, which was placed by the Bhagalpur Electric Supply Company on the premises of the Annapurna Mills, to which the company supplied power, had been prevented from duly registering by the insertion of sand and the injection of moisture into the meter.