Crl. Misc.No.M-27526 of 2009 1 In the High Court of Punjab and Haryana at Chandigarh Crl. Misc.No.M-27526 of 2009 (O&M) Date of decision:1.10.2009 Naresh Kumar ` ...Petitioner Versus State of Punjab ...Respondent Coram: Hon'ble Mr. Justice A.N. Jindal Present:- Mr. Puneet Kansal Advocate for the petitioner. A.N.JINDAL, J Both the accused namely Naresh Kumar and Vikas are brothers and involved in the instant case for theft of electricity worth Rs.35 lacs. While granting interim bail on 24.9.2009 to Vikas Singla it was argued that the Firm which was stealing electricity belonged to the petitioner and he was granted bail on this ground. Now his brother Naresh Kumar (i.e petitioner) has come up with the application for anticipatory bail. The petitioner are alleged to be stealing electricity from the high tension wire. Provisional Order of assessment for power theft under Section 135 of Electricity Act 2003 is as under:- “Your premises where account no.____ and was illegally connected, has been checked by Sh. Raminderjeet Singh, Senior Executive Engineer (OP) Sangrur (Name of Authorized/Assessing Officer) on 10.9.2009 vide his checking report no. 21,22/3617. While checking, you have been found guilty of power theft in the following manner:- The applicant was doing the act of power theft by Crl. Misc.No.M-27526 of 2009 2 installing 11 KV 3C XLPE cable about 10/12 meter in length by connecting its one side from the bushes of 25 KVA transformer installed near floor mill and connecting the other side of cable with the 200 KVA transformer lying in his/their premises. 67.950 K. As described above, with regard to the theft of power, an amount of 35,69,821/- has been assessed as mentioned below, is payable by you under Section 135 of Electricity Act, 2003. The amount assessed is as per formula LD HF = UNITS TARIFF 2 TIMES 12 MONTHS: 67.950x25x20 = 100 = 33975 unit x 2 x3.98 x 12= 3245292+ED 324529 = 3569821/- You are requested/advised to deposit the said amount within 7 days from the receipt of this notice. If you are not agreed with this provisional order of assessment, you move your request to Sub Divisional Engineer, area Patiala (write the name of Designated authority under Designated authority vide Electricity Supply Code and Related Matters Regulation 2007 regulation 37.2(c ) (i) as per notice issued on dated 30 November, 2007 within 15 days of the receipt of this order. The Designated Authority would issue the final order of assessment within 7 days after considering your request and giving an opportunity of hearing to you. You may file an appeal challenging the said charge, before the Special Court of Additional Sessions Judge as per Crl. Misc.No.M-27526 of 2009 3 notification of Deputy Secretary Home (S) of November 2007 issued on 3.12.2008. An FIR for committing the offence of electricity theft is being registered against you under section 135 of Electricity Act 2003. If you agree, then you can evade the criminal proceeding against you by depositing the compounding charges fee of Rs.6,80,000/- for the first time case of power theft. You may get the approval for depositing the compounding charges from Sub Chief Engineer Division, Area Patiala.” The whole of Punjab is crying for electricity which is being stolen and the people in general are suffering for the high handedness of these big electricity grabbers. The circumstances warrant the custodial interrogation of the petitioner. As such finding no merit, the petition is dismissed. October 01, 2009 (A.N.Jindal) rekha Judge