Delhi District Court State vs . on 29 April, 2014 1 IN THE COURT OF DR. SHAHABUDDIN : ADDITIONAL SESSIONS JUDGE, SPECIAL ELECTRICITY COURT, EAST DISTT., KARKARDOOMA COURTS, DELHI FIR NO. 141/12 S.C. NO. 128/13 P.S. JAGAT PURI, DELHI U/S 135 OF THE ELECTRICITY ACT, 2003 I.D. NO. 02402R0239832013 STATE (THROUGH: M/S B.S.E.S. YAMUNA POWER LIMITED) VS. NADIM KHAN, S/O SH. BABAR KHAN, PRESENTLY R/O H.NO. 81, THIRD FLOOR, GALI PATHAK WALI, KHUREJI KHAS, DELHI. DATE OF INSTITUTION OF THE CASE :27.07.2013 DATE ON WHICH JUDGMENT WAS RESERVED :16.04.2014 DATE OF PASSING OF JUDGMENT :29.04.2014 JUDGMENT 1. A criminal complaint dated 11.04.2012 was filed against FIR NO. 141/12 , P.S. JAGAT PURI, STATE ( BSES YPL) VS. NADIM KHAN page 1 of 26 2 accused Nadim Khan by Sh. Naval Kishore, Assistant Manager (Enforcement­I)/ Authorized Officer of BSES YPL company (in short to be called as complainant company hereinafter) for the offence punishable u/s 135 of the Electricity Act, 2003 (in short called as Act hereinafter). This complaint was addressed to the SHO Police Station (in short PS) Jagat Puri, Delhi. 2. The main allegations made in this complaint were to the effect, inter alia, that on 20.03.2012, at about 02.05 p.m., an inspection was carried out by the joint inspecting team members of the complainant company comprising of Sh. Naval Singh (Assistant Manager, Enforcement­I), Sh. Deepak (Diploma Engineer Trainee), Sh. Manoj Kumar (Lineman) and Sh. Birpal Singh (Lineman) respectively, at the premises bearing H.No. 81, Gali Phatak Wali, Khureji Khas, Delhi­110051 (in short called as inspected premises); that during course of inspection, the accused/user Nadim Khan was found indulging in direct theft of electricity by tapping the BSES LTMP system, coming from nearby pole no. KRN G074, with the help of a black colour two core cable of rating 2x10 mm sq. going at the third floor and the fourth floor of the said premises, without any meter; that such FIR NO. 141/12 , P.S. JAGAT PURI, STATE ( BSES YPL) VS. NADIM KHAN page 2 of 26 3 supply was being used for domestic purposes at third floor and for industrial purposes i.e. for electro­plating plant at the fourth floor; that at the time of inspection, meter no. 22801208 at reading 6822 KWH for flat at the first floor and meter no. 14144607 at reading 3299 KWH for flat at second floor respectively, were found installed at the site; that the videography of tapping and connected load had been done at the site by Sh. Praveen of M/s Arora Photo Studio; that supply of the consumer was disconnected and the material evidence had been seized at the site; that during the course of inspection, the total connected load, which was illegally used by accused Nadim Khan, was assessed to the extent of 11.786 Kilo Watt (in short KW) for domestic purposes and 27.336 KW was assessed for industrial purposes; that the total connected load, on both counts, was assessed to the extent of 39.122 KW, both for domestic and industrial purposes; that during the course of inspection, the inspection report, load report and meter report, all dated 20.03.2012, were prepared at the site on the basis of factual position and that contents of the same are correct; that accused refused to sign such reports and also did not allow the FIR NO. 141/12 , P.S. JAGAT PURI, STATE ( BSES YPL) VS. NADIM KHAN page 3 of 26 4 pasting of copies of such reports deliberately, at the wall of inspected premises; that the rough site plan / electrical diagram was also prepared at site; that illegal wires were removed and seized at the site and seizure memo was prepared at the site; that