Delhi District Court C.C. No. 1436/07 , P.S. New Usmanpur, ... vs . Mastram Page 1 Of 23 on 13 May, 2014 1 IN THE COURT OF DR. SHAHABUDDIN : ADDITIONAL SESSIONS JUDGE, SPECIAL ELECTRICITY COURT, EAST DISTT., KARKARDOOMA COURTS, DELHI COMPLAINT CASE NO. 1436/07 P.S. NEW USMANPUR, DELHI U/S 135 OF THE ELECTRICITY ACT, 2003 CASE I.D. NO. 02402R0824462007 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 MASTRAM, S/O SH. RAMPHAL, AT PRESENT R/O SECOND PUSTA, OLD USMANPUR VILLAGE, ADJACENT TO H.NO. 1132/32 (OF SH. BALDHARI), NEAR LAL HOSPITAL, DELHI­110053. ........................ ACCUSED C.C. NO. 1436/07 , P.S. NEW USMANPUR, BSES YPL VS. MASTRAM page 1 of 23 2 DATE OF INSTITUTION OF THE COMPLAINT CASE : 11.12.2007 DATE ON WHICH JUDGMENT WAS RESERVED : 22.04.2014 DATE OF PASSING OF JUDGMENT : 08.05.2014 JUDGMENT (08.05.2014) 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(1) read with Sections 151 and 154(5) of The Electricity, Act 2003 ( hereinafter referred to as ' the Act') against the accused Mastram 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 05.10.2007 at about 06.50 pm, an inspection team of complainant company comprising of Shri Y.K.Attri Assistant Manager ­ Enforcement (in short A.M.), Sh. Ravi Pal Singh Maintenance Officer (in short M.O.) and Sh. Jayant Sharma Lineman, respectively conducted an inspection at premises i.e. IInd Pusta, Usmanpur Village, adjacent to H.No. 1132/32 (of Sh. Baldhari), near Lal Hospital, Delhi­110053 (hereinafter referred to as 'inspected C.C. NO. 1436/07 , P.S. NEW USMANPUR, BSES YPL VS. MASTRAM page 2 of 23 3 premises') where accused was found as user and occupier of inspected premises and it was revealed on inspection that accused was found indulging in direct theft of electricity by illegally tapping it from nearby distribution box of the complainant company, which was reportedly mounted at nearby electricity pole. 3. It is further mentioned in the complaint that there was a total connected load of 12.737 KILO WATT (in short KW), which was being used by the accused through artificial means and through the means not authorized by the complainant company and which was reportedly used by the accused for domestic as well as for industrial purposes. It is further alleged that during the course of inspection, photography of the inspected premises was also done. It is also mentioned that during the course of inspection, Sh. S.P.Singh, Manager (O&M) was called at the spot telephonically and he seized, at the spot, certain unauthorized material used in commission of theft of electricity i.e. one two core cable of size 2x10 mm sq., approximately 7 meters in length and one single core cable of size 1x10 mm sq., approximately 7 meters in length and that in this regard, a seizure memo was also reportedly prepared at the spot. It is further alleged that inspection report, meter details report, load report and seizure memo respectively were prepared at the spot, C.C. NO. 1436/07 , P.S. NEW USMANPUR, BSES YPL VS. MASTRAM page 3 of 23 4 which are part and parcel of the present complaint and the accused had allegedly refused to sign thes