STATE OF MAHARASHTRA Vs. GIRISH SHANKARLAL OSTAWAL

JUDGEMENT

(1.) At the outset, I have to note that on 3 rd January 2020 as the accused were not represented, this Court appointed Mr. Rashmin Khandekar, an Advocate practicing in this Court, as Amicus Curiae. I have to note that Mr. Khandekar's contribution has been immense and he also submitted a very precise note on the matter for the Court's benefit. Today accused were represented by Mr. Gavnekar, who simply adopted the submissions made by Mr. Khandekar.

(2.) This is an appeal impugning an order and judgment of acquittal passed by Judicial Magistrate First Class, Malegaon, on 23 rd April 2003 Gauri Gaekwad acquitting two accused of offence punishable under Section 39 ( Theft of energy) and Section 44 (Penalty for interference with meters or licensee's works and for improper use of energy ) of the Indian Electricity Act , 1910 ("the said Act").

(3.) The prosecution's case in brief is that in view of Special Drive of Vigilance and Security Directorate of M.S.E.B. Head Office, Mumbai, for checking of electrical installment at Malegaon, complainant, Deputy Executive Engineer - Sudhakar Kashinath Mane, attached with flying squad, Thane, came to Malegaon on 16th October 2001 and 17th October 2001 to detect the theft of energy. He, alongwith A.V.O. Shri Ashok Gopalrao Dhoke attached with flying squad, Thane and Shri Chandrakant Vishwanath Haldankar, Assistant A.V.O. attached with flying squad, Bhandup, went to a plastic pipe factory of consumer Shri Girish Shankarlal Ostawal, bearing Consumer No.065510432171 at Survey No.47-B, Islampura, Malegaon. At that time, the proprietor of said factory - Shri Dilip Shankarlal Ostawal was present. Complainant disclosed his identity and reasons of visit to the factory owner and started inspection of the electric meter of the said plastic pipe factory. The sanction load was 40 H.P. The nature of work carried out was manufacturing of plastic pipe. The meter number was 1919906. The meter body was having yellow coloured P.V.C. plastic seals at the right side of the meter body bearing no.061190 and 061191 and sticker paper seal bearing no.020759 and also having yellow coloured P.V.C. plastic seal at the left side of meter body bearing no.061192 and 061193. The paper seal was Gauri Gaekwad having number 20750. Therefore, complainant prepared the spot inspection report. Complainant enquired with the local MSEB office about the seals. Accordingly, the local office sent him a sample sticker seal and while comparing with the meter body seals, complainant realised that the sticker type paper seals and the other yellow coloured four seals were all fictitious. The connected load found was 56.38 H.P. and the sanctioned load was 40 H.P. It means the consumer has connected excessive load of 16.38 H.P. The meter was found intermittently working. The meter was found without meter terminal cover. The billed units for month are found very less as compared to connected load. The whole current meter was found installed instead of city operated meter. The unauthorised load was found for 16.38 H.P. Therefore, both accused have replaced the four yellow coloured P.V.C. plastic seals and two sticker type paper seals on the body cover of meter and by opening body cover, they interfered with meter reading by tampering with the meter and thereafter, refitted the fictitious seals and thereby accused have committed theft of energy by tampering with the electric meter of 257766 units worth Rs.13,59,591/-. Complainant has prepared the joint inspection report. Complainant also prepared assessment sheet. Alongwith the complaint, complainant filed a spot inspection report, joint inspection report, assessment sheet, copy of the bill of the consumer for the month of September 2001 and letter of the Executive Engineer, Malegaon City, MSEB and letter of Director of V & S and then he filed the complaint, which came to be registered as C.R. No.II 3053/2001 for the offence Gauri Gaekwad punishable under Sections 39 and 44 of the said Act.