Delhi District Court State vs . on 21 November, 2014 1 IN THE COURT OF DR. SHAHABUDDIN : ADDITIONAL SESSIONS JUDGE, SPECIAL ELECTRICITY COURT, EAST DISTT., KARKARDOOMA COURTS, DELHI FIR NO. 376/07 S.C. NO. 49/13 P.S. KALYANPURI, DELHI U/S 135 OF THE ELECTRICITY ACT, 2003 I.D. NO. 02402R0873152008 STATE (THROUGH: M/S B.S.E.S. YAMUNA POWER LIMITED) VS. MUKESH KUMAR, S/O SH. SHYAM LAL, PRESENTLY R/O E­2, ROAD NO. 6, GAZIPUR DAIRY FARM, DELHI. .......ACCUSED DATE OF INSTITUTION OF THE CASE :02.05.2008 DATE ON WHICH JUDGMENT WAS RESERVED :13.11.2014 DATE OF PASSING OF JUDGMENT :21.11.2014 JUDGMENT 1. A criminal complaint dated 30.05.2007 was filed against FIR NO. 376/07, P.S. KALYANPURI, STATE ( BSES YPL) VS. MUKESH KUMAR page 1 of 27 2 accused Mahesh Kumar by Sh. Bhupinder Singh, Manager (Enforcement­I)/ Authorized Officer of BSES YPL company (in short to be called as complainant company hereinafter) for the offence punishable u/s 135 of the Electricity Act, 2003 (in short called as Act hereinafter). This complaint was addressed to the SHO Police Station (in short PS) Kalyan Puri, Delhi. 2. The main allegations made in this complaint were to the effect, inter alia, that on 21.12.2006, at about 05.40 a.m., an inspection was carried out by the joint inspecting team members of the complainant company comprising of Sh. Rajbeer Singh (Assistant Manager), Sh. Rakesh Kumar (Assistant Manager), Sh. Khalili­ur­Rehman (Diploma Engineer Trainee), Sh. Vinay Chauhan (Diploma Engineer Trainee) and Sh. Bishnu (Lineman) respectively, at the premises bearing H.No. E­5, Near BSES Pole No. GD­170, Gajipur Dairy Farm, Delhi (in short called as inspected premises); that during course of inspection, an electricity connection vide K.No. 1240Q4170019, having the meter no. 23379751 was found installed at the said premises; that the accused/user was found indulging in direct theft of electricity from BSES LTMP Line, PoleNo. GD­170 through FIR NO. 376/07, P.S. KALYANPURI, STATE ( BSES YPL) VS. MUKESH KUMAR page 2 of 27 3 illegal wires; that the entire load of the premises was running through illegal tapping done by the accused; that such supply was being used for industrial purposes; that the videography of tapping and connected load had been done at the site by the inspection team; that from the spot, one electronic meter no. 23379751, two black colour aluminum service cable of 2x10 mm sq. and black colour aluminum wire of 2x10 mm sq., were seized in the presence of Sh. S.K.Gajbhiye, Manager (Enforcement); that during the course of inspection, the total connected load, which was illegally used by accused, was assessed to the extent of 16.878 Kilo Watt (in short KW) for industrial purposes; that during the course of inspection, the inspection report, load report and seizure memo, were prepared at the site on the basis of factual position and that contents of the same are correct; that a representation of accused refused to sign inspection report, load report and seizure memo when tendered to him, that the site plan / electrical diagram was also prepared at site; that during the inspection, the accused side was found stealing the electricity to the extent of approximately Rs. 15,96,012/­ (rupees fifteen lakhs, ninety six thousand and FIR NO. 376/07, P.S. KALYANPURI, STATE ( BSES YPL) VS. MUKESH KUMAR page 3 of 27 4 twelve), as per record, for which demand of payment was made by the complainant company but accused did not make any payment of such theft bill to the complainant company. In the end, a prayer was made in this complaint for registration of an FIR against the accused Mukesh