Delhi District Court C.C. No. 290/13, P.S. Kalyanpuri, Bses ... vs . Anish Page 1 Of 23 on 11 April, 2014 1 IN THE COURT OF DR. SHAHABUDDIN : ADDITIONAL SESSIONS JUDGE, SPECIAL ELECTRICITY COURT, EAST DISTT., KARKARDOOMA COURTS, DELHI COMPLAINT CASE NO. 290/13 P.S. KALYANPURI, DELHI U/S 135 OF THE ELECTRICITY ACT, 2003 CASE I.D. NO. 02402R0877432008 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 ANISH, S/O SH. BUNDU KHAN, AT PRESENT R/O 4/226, KHICHRIPUR, DELHI. ........................ ACCUSED DATE OF INSTITUTION OF THE COMPLAINT CASE : 26.02.2008 DATE ON WHICH JUDGMENT WAS RESERVED : 31.03.2014 DATE OF PASSING OF JUDGMENT : 11.04.2014 JUDGMENT (11.04.2014) 1. The Complainant Company i.e. BSES Yamuna Power Ltd. (in short called as complainant company hereinafter) has filed the present complaint case under Section 135 read with C.C. NO. 290/13, P.S. KALYANPURI, BSES YPL VS. ANISH PAGE 1 of 23 2 Sections 151 and 154 of The Electricity, Act 2003 ( hereinafter referred to as 'the Act') against the accused Anish (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 13.03.2007, at about 12.05 p.m., an inspection team of complainant company comprising of Sh. Rakesh Kumar Assistant Manager (in short A.M.) Enforcement, Sh. V.K. Vimal A.M., Sh. Satish Kumar ­ Diploma Engineer Trainee (in short D.E.T.), Sh. Satvir Sharma ­ Lineman and Sh. Kripal Singh ­ Lineman, respectively, conducted an inspection at shop no. 1, Block 3&4, Market Khichripur, Delhi, (hereinafter referred to as 'subject premises') where accused was allegedly found committing direct theft of electricity for domestic purpose by tapping from BSES L.V. Over Head (in short O/H) main line, through illegal wires, without any meter being installed at the subject premises; that the entire load was running through illegal wires; that in the presence of Sh. B.S. Notery, Manager (Enforcement), two single core red colour PVC copper wire of size 7/22 mm square with the length of appx. 2 meters each, used in direct theft in this matter, was removed and seized by the inspecting team at the site vide a seizure memo prepared at the spot. It is further alleged against the accused that the total connected load found installed at the subject premises was C.C. NO. 290/13, P.S. KALYANPURI, BSES YPL VS. ANISH PAGE 2 of 23 3 5.135 KILO WATT (in short KW) for domestic 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, photography and videography of the subject premises was also done. It is further alleged that inspection report alongwith meter detail report, load report, seizure memo etc. were prepared at the spot, which are part and parcel of the present complaint and the accused allegedly refused to sign these documents, when tendered to him, 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 ultimately, an assessment theft bill to the extent of Rs. 1,12,991/­ (rupees one lakh, twelve thousand, nine hundred and ninety one), as per record, for electricity theft, was served upon the accused but