Delhi District Court C.C. No. 374/13, Bses (Ypl) vs . Pawan Kumar Sharma Page 1 Of 14 on 22 December, 2014 1 IN THE COURT OF DR. SHAHABUDDIN : ADDITIONAL SESSIONS JUDGE, SPECIAL ELECTRICITY COURT, EAST DISTT., KARKARDOOMA COURTS, DELHI COMPLAINT CASE NO. 374/13 P.S. KARAWAL NAGAR, DELHI U/S 135 OF THE ELECTRICITY ACT, 2003 CASE I.D. NO. 02402R0362392010 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 PAWAN KUMAR SHARMA, AT PRESENT R/O C7, KARDAM FARM COLONY, JOHRI PURI (INDRA ENCLAVE), NEAR K.NO. 12517391395, DELHI110094. ........................ ACCUSED DATE OF INSTITUTION OF THE COMPLAINT CASE : 12.08.2010 DATE ON WHICH JUDGMENT WAS RESERVED : 19.12.2014 DATE OF PASSING OF JUDGMENT : 22.12.2014 JUDGMENT (22.12.2014) 1. The Complainant Company i.e. BSES Yamuna Power Ltd. (in short called as complainant company) has filed the C.C. NO. 374/13, BSES (YPL) VS. PAWAN KUMAR SHARMA PAGE 1 of 14 2 present complaint case under Section 135 read with Sections 151 of The Electricity, Act 2003 ( hereinafter referred to as 'the Act') against the accused Pawan Kumar Sharma (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 10.06.2010 at about 11.25 am, an inspection team of complainant company comprising of Shri Jograj Singh Senior Manager, Sh. Sripal Singh (Diploma Engineer Trainee i.e. in short D.E.T.), Sh. Arvind Kumar, Lineman and Sh. Shourabh Sharma Lineman, respectively conducted an inspection at premises of accused i.e. bearing No. C7, Kardam Farm Colony, Johripuri, Indra Enclave, Near K. No. 12517391395, Delhi, ( hereinafter referred to as 'inspected premises') where accused was allegedly found as user of inspected premises and it was further revealed that accused was found indulging in direct theft of electricity through illegal wires directly connected to the LV mains of the complainant company and such illegally abstracted electricity was allegedly used for domestic as well as for commercial purposes and there was reportedly no electricity meter found installed at the inspected premises on the date of inspection. 3. It is further mentioned in the complaint that there was a C.C. NO. 374/13, BSES (YPL) VS. PAWAN KUMAR SHARMA PAGE 2 of 14 3 total connected load of 11.871 KILO WATT (in short KW), for both 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, the photographs of inspected premises were taken at the spot with the help of digital camera and compact disc (in short CD) was also prepared qua the said photographs. It is also mentioned that during the course of inspection, certain unauthorized material used in commission of theft of electricity was seized at the site vide a seizure memo prepared at the spot; that such material comprised of two core wire of strength 2x10 mm sq., and which were reportedly of black colour, approximately 2 meters in length. It is further alleged that inspection report, load report and seizure memo etc. were prepared at the spot, which are part and parcel of the present complaint and the occupants of the premises, found available at the time of inspection, refused to sign these documents at the time of inspection. It is further mentioned that one representative of the accused signed on the meter inspection report only. It is further alleged that ultimately, an assessment theft bill to the extent of Rs. 4,24,635/ (rupees four lakhs, twenty four thousand, six hundred thirty five) for direct theft of electricity was served upon the accused but the accused has not paid the same till date. Hence, the present complaint has been filed against the accused for initiating appropriate C.C. NO. 374/13, BSES (YPL) VS. PAWAN KUMAR SHARMA