TAPAS GHOSH Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The instantaneous writ application has been preferred challenging an order through memo no. DTC/E-32/702 dtd. 14/11/2009 passed by Superintending Engineer, Durgapur Transmission Circle, Durgapur herein respondent No. 3 together with revised provisional bill dtd. 22/11/2007 as leading to final assessment bill dtd. 15/3/2008 prepared by Station Manager Monteswar Gr. E.S, Burdwan herein respondent No. 4 in connection with pilferage and theft of electricity by one Tapash Ghosh herein the writ petitioner.

(2.) The facts of the case are that the writ petitioner has been running a retail outlet of Indian Oil Corporation Ltd, under the name and style of M/s Ganapati Service Station (hereinafter referred to as petrol pump) at Kusumgram, Monteswar, Burdwan having Service connection No. 1/2773 and Consumer No. 1-502335 since 30/9/2004. The petrol pump remains open for 14 hours from 6 am to 8 pm as per terms of dealership from M/s Indian Oil and there is no canopy at its service station.

(3.) The petrol pump was inspected by West Bengal State Electricity Distribution Company Limited (WBSEDL) herein respondent No. 2 through the S & LP Team on 21/11/2007. It was found that the seal of P.P Box No. V100873 was duplicated and the meter box No. SF 503232 was tampered. The meter box recorded reading at 9934.70 units and observed load was found to be 19.2 K.W. Foreign device inserted inside the meter caused less registration of energy consumption. The meter box and allied materials were seized on spot, inspection report was prepared by the inspection team. FIR was lodged against petitioner and the service connection of the petrol pump was disconnected.