ANJAN DE Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) -THIS application under section 401 read with section 482 Cr. PC is directed against the Judgment and order dated 12. 04. 2006 passed by learned Judge, Special Court (E. C. Act) and additional Sessions Judge, Alipore, 24 Parganas (South) in Special Case no. 30 (2) of 2005 arising out of Beliaghata P. S. Case No. 23 dated 10. 02. 2005 under section 135/138 of the Electricity Act, 2003 thereby acquitting the Opposite Party No. 2 herein.

(2.) THE case of the petitioner, in short, is that he is an Engineer at the Loss Control Cell, C. E. S. C. Limited. The supply of Electricity was disconnected on 08. 04. 2002 being Industrial Meter No. 2157330 of M/s. Lokenath Oil Mill of 1/8/2 of Taran Krishna Naskar Lane, Kolkata - 700010, consumer No. 280/120/9007 and the assessment for the meter consumption was assessed to the tune of Rs. 69,060/ -. Thereafter the ex parte final order of assessment was passed on 17. 05. 2002 by the petitioner No. 1 Company. The prosecution case is that the accused person un-authorizedly consumed electricity at the said premises which was previously disconnected by them. It is further alleged that on 10. 02. 2005 in between 13-15 hours and 13-40 hours a special team along with the police raided the said premises and found that the consumer of the said meter had reconnected the supply of the Industrial Meter, illegally which was previously disconnected due to pilferage of electricity by tampering the seals of the meter body. It is alleged that the meter was disconnected on 08. 04. 2002 and thereafter re-connected on 10. 02. 2005. The meter has also been removed from the meter board and seized at the site. After observing the formalities, the complaint was lodged against the O. P. No. 2 herein. On the basis of the said complaint, the police investigated the case and submitted charge sheet under section 135/138 of the Electricity Act. The charge was framed against the O. P. No. 2 and he pleaded not guilty. 10 (ten) witnesses were examined for the prosecution.

(3.) AFTER completion of trial, the order dated 12. 04. 2006 was passed by the learned Trial Judge acquitting thereby the O. P. No. 2 herein. Being aggrieved by and dissatisfied with the said Judgment and order, the present revisional application has been filed by the petitioner herein.