Delhi District Court State vs . on 12 September, 2014 1 IN THE COURT OF DR. SHAHABUDDIN : ADDITIONAL SESSIONS JUDGE, SPECIAL ELECTRICITY COURT, EAST DISTT., KARKARDOOMA COURTS, DELHI FIR NO. 78/07 S.C. NO. 40/13 P.S. FARSH BAZAR, DELHI U/S 135&138 OF THE ELECTRICITY ACT, 2003 I.D. NO. 02402R0873162008 STATE (THROUGH: M/S B.S.E.S. YAMUNA POWER LIMITED) VS. BIHARI LAL AGGARWAL S/O SH. RAMESH CHAND AGGARWAL, R/O H. No. 2950/A, GALI NO. 9, SHALIMAR PARK EXTN., BHOLA NATH NAGAR, SHADARA, DELHI. ..................ACCUSED DATE OF INSTITUTION OF THE CASE :22.01.2008 DATE ON WHICH JUDGMENT WAS RESERVED :03.09.2014 DATE OF PASSING OF JUDGMENT :12.09.2014 JUDGMENT FIR NO. 78/07, P.S. FARSH BAZAR, STATE ( BSES YPL) VS. BIHARI LAL AGGARWAL PAGE 1 of 38 2 1. A criminal complaint dated 08.03.2007 was filed by Sh. S.K. Gajbhiye, the then Manager (Enforcement)/ Authorized Officer of BSES YPL company (in short to be called as complainant company hereinafter), before SHO PS Farsh Bazar, Delhi, against two accused namely Bihari Lal Aggarwal and Ravinder Kumar respectively, for the offences punishable u/s 135, 138 and 150 of the Electricity Act, 2003 (in short called as Act hereinafter). 2. The main allegations made in this complaint were to the effect, inter alia, that on 17.01.2007 at about 04.15 p.m., an inspection was carried out by the inspecting team members of the complainant company consisting of Sh. Gyaneshwar Singh, (Assistant Manager ­ Enforcement), Sh. Virender Kumar, (Diploma Engineer Trainee), Sh. Satish Kumar, (Diploma Engineer Trainee) and Sh. Ram Surat, (Lineman) respectively, alongwith CISF staff, at premises bearing no. 4/587, Mohalla Dalhai, Near Bholanath Nagar, Shahdara, Delhi­32 (in short called as inspected premises) pertaining to electricity connection bearing K.No. 121011170728 (new), IJM6259986653 (old) and meter no. 23092702; that during course of inspection, FIR NO. 78/07, P.S. FARSH BAZAR, STATE ( BSES YPL) VS. BIHARI LAL AGGARWAL PAGE 2 of 38 3 it was found that the user of electricity namely accused Bihari Lal Aggarwal was indulging in theft of electricity by using/stealing the electricity through illegal PVC two core cable directly from BSES O/H Mains (LV), which was allegedly directly connected to the load through 63 amp. 415 volt changeover switch; that such illegal supply of electricity was being used reportedly for industrial purposes i.e. for manufacturing of PVC polythenes; that total industrial load was running through this illegal two core cable at ground floor and first floor; that the existing electricity meter was put on no load and it was also connected separately through 2x25 sq. mm service cable from O/H of LV Mains of the complainant company; that the connected load was found to the extent of 28.859 killowatt (in short KW); that inspection report was prepared at the site on the basis of factual position; that rough site plan /physical diagram was also prepared; that accused refused to sign the inspection report; that necessary photographs had also been taken by digital camera; that Sh. S.K. Gajbhiye was called at the site to inspect and seize the material, used for committing theft of electricity in this matter and accordingly, FIR NO. 78/07, P.S. FARSH BAZAR, STATE ( BSES YPL) VS. BIHARI LAL AGGARWAL PAGE 3 of 38 4 both the service cables with meter and changeover switch had been seized vide seizure memo prepared at the site; that accused Ravinder Kumar had abetted co­accused Bihari Lal Aggarwal to get involved in direct theft of electricity; that both