Monday, 26 August 2013

Section 39-A of Electricity Act, 1910

PLJ      1999     Lahore High Court     592
Present to: MUNIR AHMAD MUGHAL
 IRFAN INDUSTRIES (PVT.) LTD., through its DIRECTOR
Versus
DEPUTY SUPERINTENDENT POLICE, POLICE STATION FACTORY AREA, LAHORE and 9 others
 -Art. 199--Electricity Act, 1910, Section 39-A~Electricity consumer of WAPDA-Detection bill-Case got registered by WAPDA against petitioner under Section 39-A of Electricity Act, 1910 has been proved to be false and baseless and after investigation by Police petitioner has been acquitted of charge and as such detection bill to tune of Rs. 33,37,397/-, is illegal-Plea of-Documents placed on record from both sides show that on criminal side, action was initiated but at investigation stage, theft could not be established-It has been admitted by respondents that petitioner has never committed theft in past and had been paying electricity bills in time-Both parties admit that there were two furnaces, and one furnace running continuously and there is also no dispute that there were gazetted holidays-There is no denial about load-shedding and there is also no denial that due to disconnection w.e.f. 16-6-1998 to 10-7-1998 petitioner has suffered loss of production and respondents of energy safe-Held: Petitioner and Department should bear responsibility equally being vicariously liable-Petitioner is held responsible for consumption of half of disputed units for running furnace during admitted working period and is held liable to pay Rs. 16,68,698/-, as detection bill.
Judgement Result: Orders accordingly.

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