SUI NORTHERN GAS PIPELINES LIMITED, through General Manager, Rawalpindi vs MUHAMMAD ARSHAD Ss

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SUI NORTHERN GAS PIPELINES LIMITED, through General Manager, Rawalpindi VS MUHAMMAD ARSHAD Ss. 16 & 17---allegation of theft of natural gas by tampering of gas meter---Procedure for dealing with theft of gas---Oil and Gas Regulatory authority (OGRa) approved the "Procedure for Dealing with theft of Gas" in 2005 ('the Procedure') and conveyed the same to its licensees, including the petitioner (gas supply company), for dealing with cases of gas theft---For purposes of present case, Clause (F) of the said Procedure, which is germane to the "assessment of Value of Gas Stolen and Recovery: Meter Tampering Cases", is quite relevant and provides that when any consumer is established to be involved in gas theft either by way of tampering with the meter or instruments installed/mounted on or along the meter (i.e. volume corrector, or pressure-temperature recorder), or any act mentioned in clauses "a", "C" or "G", the volume of gas stolen by consumer shall be assessed while taking into consideration certain factors---In the Procedure, one of the paramount factors required to be examined was the connected load based on appliances actually installed and required taking the load of each in comparison to the predetermined load of each appliance which was to be assessed by a three member committee comprising one representative each from Engineering, Sales and Billing Sections---However, in the present case no inventory of the appliances was produced/prepared by the Raiding Team---Neither it was established in evidence by the petitioner's department that the Procedure was followed in letter in spirit before fixing the liability of dues, nor it was pleaded that the liability was assessed vis-a-vis the actual load after physical examination and verification of all appliances and equipment installed or in use at the respondent's premises---Merely submitting the calculation sheet of the dues on account of alleged pilferage was not sufficient---Question as to whether the liability was assessed according to the sanctioned load or not was to be proved in the Trial Court and a calculation sheet could not be considered as the gospel truth unless the raiding team ascertained the actual load and consumption according to the appliances and equipment being used by the subscriber and confronted the subscriber or their representative at the time of raid in the case of theft of gas or tampered meter---Gas consumption bill challenged by the respondent in his suit was rightly set-aside---Petition for leave to appeal was dismissed and leave was refused.

SUI NORTHERN GAS PIPELINES LIMITED, through General Manager, Rawalpindi vs MUHAMMAD ARSHAD Ss — 2024 SCMR 122 SUPREME-COURT

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