SUBHASH KUMAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This application has been filed for quashing of the first information report of Hazaribgh Sadar P.S case no.688 of 2008 (G.R.No.2529 of 2008) registered under Sections 126, 135 and 138 of the Indian Electricity Act, 2003 as well as under section 379 of the Indian Penal Code.

(2.) It is the case of the prosecution that when inspection was carried out in the Cold Storage of the petitioner on 25.7.2008, number of seals of the meter were found to be tampered with. Hence, case was lodged putting allegation that recording of correct consumption was affected by tampering of the seals and thereby offence of theft of electricity has been committed. On such allegation, first information report was registered as Hazaribagh Sadar P.S case no.688 of 2008 under Sections 126, 135 and 138 of the Indian Electricity Act which is under challenge.

(3.) Mr.Mittal, learned Sr. counsel appearing for the petitioner submitted that for mere tampering with the seals of the meter, one cannot be held liable for the offence of the electricity theft as under the provision of the Electricity Act, 2003, one can be prosecuted for the offence of electricity theft when it is found that there is dishonest abstraction of electrical energy by artificial means or by means not authorized by the Board. In the instant case, it has never been the case of the prosecution that the consumer was found abstracting electrical energy by artificial/illegal means and hence, it can never be presumed that there was dishonest abstraction simply for the reason that seals were found tampered with. This was subsequently clarified through Regulation framed by Jharkhand State Electricity Regulatory Commission in exercise of power conferred byclause (x) of sub-section (2) of Section 181 read with Section 50 of the Electricity Act, 2003 known as 'Electricity Supply Code' which clearly postulates that breakage of seal does not amount to theft unless corroborated by consumption pattern of consumer.