STATE OF GUJARAT Vs. SUTAR BACHU VASTA

JUDGEMENT

(1.) THIS is an appeal by the State against the acquittal of the respondent who was charged under sec. 39 and sec. 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. 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. Inter- ference 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. Appeal dismissed.