Delhi District Court Cc No. 375/13 , Bses Ypl vs . Sabbir Hussain Page 1 Of 16 on 12 August, 2014 1 IN THE COURT OF DR. SHAHABUDDIN : ADDITIONAL SESSIONS JUDGE, SPECIAL ELECTRICITY COURT, EAST DISTT., KARKARDOOMA COURTS, DELHI COMPLAINT CASE NO. 375/13 P.S. SEEMA PURI, DELHI U/S 135 OF THE ELECTRICITY ACT, 2003 CASE I.D. NO. 02402R0824882007 B.S.E.S. YAMUNA POWER LIMITED, HAVING ITS REGISTERED OFFICE AT SHAKTI KIRAN BUILDING, KARKARDOOMA, DELHI32. THROUGH ITS AUTHORIZED REPRESENTATIVE SH. JITENDER SHANKER ............... COMPLAINANT COMPANY VERSUS 1) SABBIR HUSSAIN, S/O ABDUL RAZAK R/O F181, NEW SEEMAPURI, DELHI110095. 2) AKBARI BEGUM, S/O SH. SAGEER AHMAD, R/O F181, NEW SEEMAPURI, DELHI110095. (This accused has already expired and criminal proceedings against this accused in this case have already been abated vide order dated 14.05.2011 passed by Ld. Predecessor of this Court.) ........................ ACCUSED DATE OF INSTITUTION OF THE COMPLAINT CASE : 26.04.2007 CC NO. 375/13 , BSES YPL VS. SABBIR HUSSAIN page 1 of 16 2 DATE ON WHICH JUDGMENT WAS RESERVED : 08.08.2014 DATE OF PASSING OF JUDGMENT : 12.08.2014 JUDGMENT (12.08.2014) 1. The Complainant Company i.e. BSES Yamuna Power Ltd. (in short called as complainant company) has filed the present complaint case under Section 135 and 150 read with Sections 151 and 154(5) of The Electricity, Act 2003 ( hereinafter referred to as 'the Act') against the accused Sabbir Hussain and Akbari Begum praying that both the accused be summoned, tried and punished as per law with a further prayer to determine the civil liability of the accused persons as per provisions of Section 154 (5) of the Act. 2. The case of the complainant company in brief is that on 19.08.2006, at about 01.10 pm, as per instructions of Manager Enforcement, alongwith CISF and Delhi Police, the duly authorized and other officers of the complainant company, comprising of Shri K.L.Kain Assistant Manager Enforcement (in short A.M.), Shri Tek Ram Field Executive (in short FE), Shri Satypal Singh Diploma Engineer Trainee (in short D.E.T.), Sh. Ram Surat Lineman and Sh. Dinesh Singh Lineman, respectively conducted an inspection at premises no. F181, New Seemapuri, Delhi110095 ( hereinafter referred to as 'inspected premises') where accused Sabbir Hussain was allegedly found as user and occupier of inspected premises and it was revealed on inspection that this accused was indulging in committing direct theft of electricity at the inspected premises by directly tapping CC NO. 375/13 , BSES YPL VS. SABBIR HUSSAIN page 2 of 16 3 illegal wires from BSES L.V.Mains line and one meter was found installed on the ground floor of the inspected premises on the date of inspection. 3. It is further mentioned in the complaint that there was a total connected load of 18.793 KILO WATT (in short KW), which was being used by the accused through artificial means and through the means not authorized by the complainant company and which was reportedly used by the accused for domestic purposes on the first floor and second floor and through a meter on the ground floor for running shops. It is further alleged that during the course of inspection, photography of the inspected premises was also done. It is also mentioned that during the course of inspection, certain unauthorized material used in commission of theft of electricity i.e. one electronic meter and one two core black colour cable 1x12 mm sq. size was seized at the site vide a seizure memo prepared at the spot. It is further alleged that inspection report, load report and seizure memo respectively were prepared at the spot, which are part and parcel of the present complaint and the accused allegedly refused to sign these documents at the time of inspection. It is further stated that due to dishonest act of the accused, the complainant company has suffered huge monetary losses. It is further alleged that