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State of Gujarat Vs. Sutar Bachu Vasta - Court Judgment

LegalCrystal Citation
SubjectElectricity
CourtGujarat High Court
Decided On
Judge
Reported in(1967)8GLR139
AppellantState of Gujarat
RespondentSutar Bachu Vasta
Excerpt:
- - interference with the meter would not amount to theft of electric energy, which he was perfectly entitled to take.v.b. raju, j.1. this is an appeal by the state against the acquittal of the respondent, who was charged under section 39 and section 40 of the electricity act, 1910. the prosecution case was that the accused had a license to take electricity to his flour mill, but he interfered with the meter in such a way that the meter did not show the correct reading.2. the electricity company gave him permission to take as much energy as he wanted. therefore, the taking of electric energy would not amount to theft. interference with the meter would not amount to theft of electric energy, which he was perfectly entitled to take. the respondent should have been prosecuted under a different section for the interference with the meter. the appeal is, therefore, dismissed.
Judgment:

V.B. Raju, J.

1. This is an appeal by the State against the acquittal of the respondent, who was charged under Section 39 and Section 40 of the Electricity Act, 1910. The prosecution case was that the accused had a license to take electricity to his flour mill, but he interfered with the meter in such a way that the meter did not show the correct reading.

2. The Electricity Company gave him permission to take as much energy as he wanted. Therefore, the taking of electric energy would not amount to theft. Interference with the meter would not amount to theft of electric energy, which he was perfectly entitled to take. The respondent should have been prosecuted under a different section for the interference with the meter. The appeal is, therefore, dismissed.


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