MADAN LAL AHUJA Vs. STATE

JUDGEMENT

(1.) This is a petition for anticipatory bail under Section 438 of the Code of Criminal Procedure (for short the 'Code') for offence under Section 39/44 of the Indian Electricity Act (for short the 'Act') read with Section 379 Indian Penal Code in case FIR No. 374/97, P.S. Mukherji Nagar, Delhi.

(2.) Briefly the facts are that a joint raid was conducted by the team comprising of officials of Enforcement (Zone 413) of Delhi Vidyut Board (DVB) on 8/9/97 in some areas including Indira Vikas Colony, Delhi. During the said inspection the petitioner was found to be extracting electricity illegally and unauthorisedly by direct tapping from the DESU lines at premises No. 17/1 and 17/2 Indira Vikas Colony, Delhi where he was found to have installed various machines of load of 39.8 KW for industrial use. During raids photographs were taken and the offending material like wires etc. used were also seized. In due course a report was lodged by Shri R.K. Aggarwal, Assistant Engineer, Zone 413, Dr. Mukherji Nagar, Delhi on the basis of which FIR No. 374/97 was registered at P.S. Mukherji Nagar.

(3.) The petitioner had approached the Session Judge for anticipatory bail but his application was dismissed on 22/7/98. He has approached this Court.