SANJIT MALIK Vs. STATE

JUDGEMENT

(1.) THE erstwhile Delhi Vidyut Board (BSES Rajdhani Power Limited/respondent No. 2 being the successor in interest) entered into an agreement on 17. 5. 2002 with Mr. Sanjay as the sole proprietor of M/s. Ishika Electricals under the scheme of single point supply of electricity, appointing M/s. Ishika Electricals as the agent. The object of such an agreement was to provide a single point supply to the agent for distribution of electricity to unauthorised colonies/jj bastis and for the agent to be responsible for the monthly revenue realisation. The agent was to receive the electricity in bulk from one or more point (s) from the supplier and to distribute the electricity to the residents of the area and collect revenue from them and thereafter prepare a monthly statement. The agent was also responsible for payment of minimum revenue for 75 per cent of the electricity energy as recorded in the meters provided by the supplier for measurement of bulk supply.

(2.) THE said Mr. Sanjay is alleged to have entered into a Partnership Deed on 17. 5. 2002 itself with one Mr. Rajpal in respect of the said business with a share of 50 per cent each and the partnership is stated to have been subsequently registered.

(3.) ON 3. 4. 2006, the enforcement team of respondent No. 2 made an inspection of the single point delivery connection when the load of 475. 253 KW for domestic use and 14. 100 KW for non domestic use totalling to 489. 353 KW was found connected against the sanctioned load of 360 KW. Further, the three phase CTPT SPD electronic meter installed at the premises was found deliberately tampered with, the upper and lower covering strip of the CTPT terminal cover was found deliberately loosened and the lead seal wire was found cut so that any foreign material could be inserted to manipulate CTPT connections. The meter box plastic seal was removed to download CMRI data for further analysis to ensure that CTPT connection inside the CTPT box is delivery tampered to manipulate the recorded consumption of the SPD meter. Hence a case of dishonest abstraction of Energy was made out.