Delhi District Court Cc No. 584/13 , P.S. Seelampur, Bses Ypl vs . Aurangazeb Khan Page 1 Of 24 on 28 May, 2014 1 IN THE COURT OF DR. SHAHABUDDIN : ADDITIONAL SESSIONS JUDGE, SPECIAL ELECTRICITY COURT, EAST DISTT., KARKARDOOMA COURTS, DELHI COMPLAINT CASE NO. 584/13 P.S. SEELAMPUR, DELHI U/S 135 OF THE ELECTRICITY ACT, 2003 CASE I.D. NO. 02402R0414942006 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 AURANGAZEB KHAN, S/O LATE SH. AMIR MOHD., AT PRESENT R/O H.NO. 313/29, PATWAR GHAR, BABARPUR, SHAHDARA, DELHI­32. ........................ ACCUSED CC NO. 584/13 , P.S. SEELAMPUR, BSES YPL VS. AURANGAZEB KHAN page 1 of 24 2 DATE OF INSTITUTION OF THE COMPLAINT CASE : 28.07.2006 DATE ON WHICH JUDGMENT WAS RESERVED : 26.05.2014 DATE OF PASSING OF JUDGMENT : 28.05.2014 JUDGMENT (28.05.2014) 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 read with Sections 151 and 154(5) of The Electricity, Act 2003 ( hereinafter referred to as ' the Act') against the accused Aurangazeb Khan (hereinafter called as accused) praying that accused be summoned, tried and punished as per law with a further prayer to determine the civil liability of the accused as per provisions of Section 154 (5) of the Act. 2. The case of the complainant company in brief is that on 14.12.2005, at about 12.30 p.m., an inspection team of complainant company comprising of Sh. Parveen Kumar Assessing Manager (in short A.M.), Sh. Preetam Singh Manager, Sh. Deepak Kumar Graduate Engineer Trainee (in short G.E.T.), Sh. Tek Ram Field Executive (in short FE), Sh. Chandresh Kumar Lineman and Sh. Anand Prakash ­ Lineman, respectively, conducted an inspection at premises situated at Khasra No. 29, Gali No. 1, Maszidwali Gali, CC NO. 584/13 , P.S. SEELAMPUR, BSES YPL VS. AURANGAZEB KHAN page 2 of 24 3 Babarpur Road, Delhi­32,(hereinafter referred to as 'inspected premises') where accused was found committing direct theft of electricity by tapping from L.V.Mains of the complainant company by using two core black cable for industrial purposes on the first floor of the inspected premises; that there was separate wiring for direct supply; that during the course of the inspection, the authorized officer of the complainant company had seized the material, used for committing direct theft of electricity by the accused, which comprised (i) yellow colour 2x25 mm sq. cable, measuring 40 meters (approximately), (ii) black colour 2x25 mm sq. cable, measuring 15 meters (approximately), (iii) black colour 2x10 mm sq. cable measuring 08 meters (approximately), (iv) black colour 10 mm sq. single core cable measuring 20 meters (approximately), (v) two electricity meters bearing nos. 1300895 FR­295 and 23338915 FR­120 respectively; that the seizure memo of the above mentioned items was prepared at the spot. It is further alleged against the accused that the total connected load found installed at the inspected premises was 18.440 KILO WATT (in short KW) for industrial purposes, which was being used by the accused through artificial means and through the means not authorized by the complainant company. It is further alleged that during the course of inspection, CC NO. 584/13 , P.S. SEELAMPUR, BSES YPL VS. AURANGAZEB KHAN page 3 of 24 4 photography of the inspected premises was also done. It is further mentioned in para 10 of the complaint that due to bonafide mistake, during time of taking of phot