RANBIR KAUSHIK Vs. BSES R P LTD

JUDGEMENT

(1.) This is a revision petition filed by the petitioner by virtue of which the petitioner has challenged the order dated 2nd June, 2009 passed by Mr. Anoop Kumar Mendiratta, the learned Additional Sessions Judge/Special Electricity Court, Dwarka, New Delhi. The aforesaid order is challenged on the ground that while enlarging the petitioner on anticipatory bail the learned Additional Sessions Judge could not have imposed a condition regarding deposit a sum of Rs.7,00,000 towards the theft assessment bill as a precondition.

(2.) That briefly stated the facts of the case are that an inspection of premises bearing shop No.5 at property No. 22B, Block-NW, Vishnu Garden Extension, New Delhi- 110018 belonging to the petitioner was conducted. It was alleged in the inspection report that the meter installed at the premises in question was not having any display while as the connected load was being consumed from the said meter. The CMRI data could not be down loaded due to the connection failure. The respondent/complainant observed that there was high voltage sparking marks/burning marks on the optical port of the said meter indicating that the meter was subjected to high voltage by the consumer drawing the electricity. Accordingly, the petitioner was alleged to have been consuming electricity through tampered meter and total connected load was found to be 132.132 KW as against the sanctioned load of 41 KW for industrial purpose.

(3.) On 9th September, 2008 further inspection was conducted for the purpose of seizing of meter, however, the meter which was seen on 6th September, 2008 was found to have been deliberately burnt and smell of kerosene emanating from the same. A show cause notice was purported to have been issued to the petitioner that he should be assessed for electricity consumption on the basis of fraudulent abstraction. Thereafter, a speaking order was passed on 26th September, 2008 raising a theft assessment bill for a sum of Rs. 93,78,630. After completing the formalities the respondent/complainant filed a complaint case in the Court of Special Electricity Court which was heard by the learned Additional Sessions Judge on 22nd July, 2009. The petitioner appeared before the said Court with a prayer for grant of cancellation of warrant as the same was issued against the petitioner on account of his continuing evasion to appear before the Court, in order to seek the indulgence of the Court. The learned counsel for the petitioner made a statement that they were voluntarily prepared to deposit a sum of Rs.7,00,000 towards the theft assessment of bill.