BSES RAJDHANI POWER LTD. Vs. DEEPAK THAKUR

JUDGEMENT

(1.) Appeal under Sec. 378 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'Cr.P.C'), has been filed on behalf of the Appellant/ BSES Rajdhani Power Ltd. against impugned Order dtd. 18/1/2021 of learned ASJ, Special Electricity Court, Dwarka, Delhi whereby the Respondent No.1/ Deepak Thakur, has been acquitted under Sec. 135 of Electricity Act, 2003 in CC No.423484/2016.

(2.) The brief facts, as narrated in the Complaint, are that on 10/7/2008, a joint inspection team, comprising of Sh. Awadesh Rai (Sr. Manager Enforcement), Sh. J. Pal, (DET, Enforcement) and Sh. Ashok Kumar, (Field Executive, Enforcement), on directions of DGM, Enforcement, inspected the premises i.e. c/o Mazdoor Steel Works, RZF-1005, Ambedkar Marg, Raj Nagar Part II, Palam, New Delhi (hereinafter referred as 'the premises').

(3.) At the time of inspection of the premises, Respondent No.1 Deepak Thakur was found using electricity. He told the Inspection Team that Accused No.2 Anil Kumar was the owner of the premises in question. Inspection Team found that no electricity meter was existing at the site and Respondents were found to be indulging in direct theft of electricity illegally by directly tapping it from BSES LV Mains with the help of illegal wires, which was seized by the team vide Seizure Memo dtd. 10/7/2008 prepared at site. The Inspection Team assessed the total connected load running on direct theft supply, as 21.803 KW/NX/DT for non Domestic Purpose; and Load Report was prepared. Visual footage of the inspection was recorded by the photographer from M/s Arora Photo Studio.