SHAMBHU NATH SHIL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The petitioner is the accused in Special Case No. 108 of 2019 arising out of Bhatar Police Station Case NO. 85 of 2019 dtd. 8/2/2019 under Ss. 135(i)(a) of the Indian Electricity Act 2003. The above named case was registered on the basis of a written complaint filed by one Subhas Chandra Karmakar, Divisional Engineer (E), S and LP, Burdwan Regional Office of WBSEDCL. In the written complaint it is alleged that on 8/2/2019 the complainant along with other employees of WBSEDCL, S and LP wing, Burdwan Regional Office conducted a raid to find out illegal consumption of electricity at Nanabnagar Math within the jurisdiction of the said police station.

(2.) The petitioner has prayed for quashing of the charge-sheet and the proceeding in Special Case No. 108 of 2019 which has been registered on the basis of the charge-sheet filed in Bhatar Police Station Case No. 85 of 2019. It is contended on behalf of the petitioner that the petitioner is not the owner of the submersible pump, which was allegedly seized by the de facto complainant. Secondly, he was not the owner of the land from where the said submersible pump was recovered and thirdly he was not present at the spot when the said submersible pump and other apparatus of hooking was registered. The investigating officer failed to collect any document during trial to prima facie prove the ownership of the seized submersible pump or the ownership of the land which was being irrigated by water through the seized submersible pump.

(3.) The learned PP in-Charge, on the other hand produces the Case Diary. He refers to the statement recorded by the investigating officer of the de facto complainant and other witnesses.