SUBASISH MISHRA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Due to my assignment at the Port Blair Circuit Bench from 16.03.2020 to 27.03.2020 and thereafter lockdown due to COVID-19 the judgment could not be made ready.

(2.) This is an application for cancellation of interim bail under Section 439(2) of the Code of Criminal Procedure, 1993, whereby and whereunder the petitioner has sought to cancellation of the bail in interim form granted in favour of the opposite party no. 2 vide impugned order dated 07.09.2019 passed by the learned Judge, Special Court (Essential Commodities Act)- cum-learned Additional District and Sessions Judge, Alipore, South 24 Parganas in connection with Electricity Case No. 339 of 2019 corresponding to Ekbalpore Police Station Case No. 190 of 2019 dated 21.05.2019 under Sections 135/138 of the Electricity Act, 2003 and further direction that the opposite party no. 2 be taken into custody after the cancellation of the interim bail so granted by the impugned order.

(3.) The fact of the petitioner's case is that on the basis of a credible source information that from 60/H/11 Dr. Sudhir Bose Road Police Station Ekbalpore, Kolkata-700023, electricity is being unauthorizedly abstracted by means of direct connection from CESC Ltd. SVC cut out by passing the concern metering arrangement, a team of official of CESC Ltd. including the petitioner as the Senior Engineer (loss control cell) visited the said premises on 21st May, 2019 in between 10.15 hours and 11.35 hours to undertake inspection as to the veracity of the information. Inspection revealed that the opposite party no. 2 is the master mind behind such unauthorized abstraction of electricity and he is using the abstracted electricity unauthorizedly for his own domestic use and also involved in large scale selling of pilfered electricity to their nearby inhabitants in exchange of money for his wrongful gain. On complaint of the petitioner, the said Police Station case was started against the opposite party no. 2 and other accused persons.