SHYAMAL KUMAR SUR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Both the petitioners are said to be qualified Engineers. Petitioner No. 1 is a graduate in Civil and Structural Engineering from University of Munich. Petitioners started a firm in the name and style of Allgeme in Engineering Bureau (India) at Jamshedpur and have a factory in the name at Dimna Road, Mango, Jamehadpur. Petitioners' factory undertakes the job of fabrication, erection and machinery jobs in TISCO and other places. The petitioners-firm took a three phase 440 volt low tension Industrial Service Electrical connection from the Bihar State Electricity Board in the year 1971 being Consumer No. DR/204. It appears that on 24-4-1990 officials of the CID. Special Cell of the Bihar Electricity Board made a surprise inspection of the factory premises of the petitioners. On inspection, everything was found in order. However, it was mentioned in the report that the meter was running, the body seal was provided, terminal seal was provided. However, the C. T. Box was not sealed. The petitioner wrote to the Board to test the meter. However, the meter was not checked again.

(2.) Again on 16-2-1991, the factory was inspected by the CID (Special Cell), Patna. The authorities did not find any tampering of the meter. The report (Ann. 3) states as follows:

(3.) After investigation, charge-sheet was submitted before the Chief Judicial Magistrate, Jamshedpur who passed the following order: 20-4-1991 : Received the charge-sheet No. 21 dated 28-2-1991 under Section 39/44, Indian Electricity Act, 1986 against the accused (1) Arun Kumar Nandi (2) Shyamal Kumar Sur. Cognizance of the offence under Section 39, I. E. Act against the said accused persons namely Arun Kumar Nandi and Shyamal Kumar Sur has been taken and the case is transferred in the court of Shri K. P. Sahay, J. M. 1st class, Jamshedpur for disposal. Issue summons against the accused persons and notice to their bailors fixing 6-5-1991 for appearance.