LexJAGARNATH SINGH versus B. S. RAMASWAMY
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A B c D E F G H JAGARNATH SINGH v. B. S. RAMASWAMY September 22, '1965 [K. SUBBA RAO, J. R. MUDHOLKAR AND R. S. BACHAWAT, JJ.1 Indian Electricity Act (9 of 1910), ss. 39 and 44 and Indian Electri- city Rules, 1956, r, 138-Scope of- Consequent on the discovery of an abnormal waste of electrical energy, investigations were started and it was found that the meter of the appellant, who was an industrial power consumer, had been tampered with, The seal on the meter cover was broken, a sealing nut was loosen- ed exposing a stud hole, and it was thus possible to retard the rotation of lhe inside disc. The appellant was charged with offonces under ss. 39 and 44 of the Electricity Act, 1910 and r. 138 of the Electricity Rules, 1956 and was convicted by the High Court. Jn appeal to the Supreme Court, HELD : (i) In the absence of proof that ho used all reasonable means to ensure that the seal should not be broken, the liability of the appellant was absolute under r. 138, and so, he was rightly convicted. [886 H] (ii) The exposure of the stud hole was an artificial means for pre- venting the meter from duly registering the energy supplied, and since the appellant, having custody or control of the meter did not rebut the presumption under s. 44 that be wilfully and knowingly prevented the meter from duly registering he was rightly convicted under that section. [887 C-E] (iii) But the High Court was in error in holding that the exposure of a stud hole on the meter cover without more., was an artificial means of abstraction and was prima ja·cie evidence of dishonest abstraction by the appellant, under s. 39. The effect of the last part of s, 39 is that the existence of the unau- thorised means for abstraction is prima facie evidence of dishonest abstraction. By tampering with the meter and causing it to record less than the units actually passing through it, a consumer may take unre~ corded energy without paying for it and such unauthorised taking would be abstraction. A meter with an exposed stud hole, without more, is not a perfected instrument for unauthorised taking of energy and cannot be regarded as an artificial means for its abstraction. The existence of artificial means for preventing the meter from duly registering, gives rise to the presumption, that the meter was prevented from duly regis- tering, only for purpo>es of s. 44, but that presumption cannot be imported into s. 39. [888 A-B, C, EJ CRIMINAL APPELLATE JURISDICTION: Criminal Appeals Nos. 76 and 130 of 1963. Appeals by special leave from the judgment and order dated the April 5, and 25, 1963, of the Patna High Court in Criminal Appeals Nos. 5 and 6 of 1961 respectively. 886 SUPREME COURT REPORTS ( 1966] I S.C.R. Akbar Imam and D. Goburdhan, for the appellant (in Cr. A. A No. 76 of 1963). D. Goburdlum, for the appellant (in Cr. A. No. 130 of 1963). Avadesh Nandan Sahay and S. P. Varma, for respondent No. 1 (in both the appeals) . The Judgment of the Coun was delivered by B Bachawat J. The two connected appeals raise common quC6- tions of construction of ss. 39 and 44 of the Indian Electricity Act, 1910 and Rule 138 of the Indian Electricity Rules, 1956. The appellants in both appeals have been convicted under ss. 39 and 44 of the Indian Electricity Act, 1910 and rule 138 ( b) of the C Indian Electricity Rules, 1956. The appellant in Criminal Appeal No. 130 of 1963 has also been convicted under s. 201 of the Indian Penal Code. The Patna Electric Supply Co. Ltd. supplied electrical energy in Patna, Patna City and Dinapur to about 22,000 consumers, of D whom about 900 were industrial power consumers. The normal wastage of energy in cour;e of transmission was 15 to 16 per cent of the units generated. In 1958, the Chief Inspector of the Com- pany noticed an extra abnormal loss of about 8 per cent which could not be due to wastage in transmission and suspected exten- sive theft of the Company's electrical energy. Vigorous investiga- E lions were started, and after surprise raids and inspections, it was discovered that the meters of several consumers had been tamper- ed with. Both the appellants are industrial power consumers at Dinapur. The Inspectors found that the meters of both the appel- lants had heen tampered with. In respect of both meters they found F a seal on the meter cover broken and a scaling nut loosened expos- ing a stud hole on the meter cover. Through the exposed
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