Interim Order 2

Order Details: COPY OF ORDER
Pdf Text: CC No: 449-23
BRPL Vs Sadhna
19.08.2023
File taken up today being preponed in view of the order
passed by this court on 28.07.2023.
Present: Sh. Binay Kumar, AR of the complainant company.
Accused is yet to be summoned in this case.
The case is fixed for pre-summoning evidence of
complainant.
CW-1 Sh. Binay Kumar and CW-2 Sh. Malkhan
Singh examined and discharged.
Pre-summoning evidence closed by AR for the
complainant company vide his separate statement recorded today in
this regard.
Arguments on the point of summoning heard. Record
perused.
In brief, the complainant company i.e. BRPL
(hereinafter referred to as the complainant company) has filed the
present compliant case u/s 135 r/w 151 of the Electricity Act, 2003
with prayer to determine civil liability in terms of Section 154 (5) of
the Electricity Act, 2003 against the accused on the allegations that in
pursuance of raid conducted on 11.04.2023 by joint inspection team
comprising of several members including CW2- Malkhan Singh at
House NO. 293, third floor, near pole no. PJB-J-245, Paschim
Vihar Extension, New Delhi-110063, it was found that Sadhna
(User) as stated, was user of electricity found indulged in direct
theft of electricity from BSES Bus Bar with the help of two
number of Red & Black illegal wire and the entire load of the
premises being used for domestic purpose.
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CC No: 449-23
BRPL Vs Sadhna
No Meter was found at the site at the time of
inspection.
At the time of inspection, load of 11.567 KW/DX/DT
was found.
The present complaint case filed by Sh Binay Kumar as
Ex.CW1/A and copy of Authorization letter dated 23.08.2022 in
favour of Sh. Binay Kumar is EX CW1/B. CW2 has stated about
the relevant facts with regard to the inspection carried out at the
subject premises on 11.04.2023 and relevant proceedings carried out
at the site. He has exhibited inspection report with meter detail report
as Ex.CW2/A, connected load report as Ex.CW2/B, seizure memo as
Ex.CW2/C, Assessment Bill for Direct Theft as Ex.CW2/D. CD
containing videography conducted at site and certificate u/s
65 B(4)(C) of Indian Evidence Act, 1872 are Mark A (colly).
Having heard the submissions made by counsel for the
complainant company and keeping in view the pre-summoning
evidence, oral and documentary, more particularly the inspection
report, seizure memo, load report, DT bill and CD of inspection, Court
is of the view that there is sufficient material to proceed against the
accused in respect of offence punishable u/s 135 of the Electricity Act,
2003.
Issue summons to the accused for the aforesaid offence
by all permissible modes on taking appropriate steps by the
complainant company, returnable for next date. The complainant is
directed to furnish e-mail address, if any and Whatsapp number of the
accused within a week from the date of order on filing of PF.
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CC No: 449-23
BRPL Vs Sadhna
Ordinary process be served through local SHO as well as
through any of the members of the joint inspection team with the help
of local SHO, in accordance with law.
Put up now on 28.08.2023.
Earlier date if any stand cancelled.
(Vinay Singhal)
ASJ ( Electricity ) - 01,
Central/Tis Hazari Courts/Delhi
19.08.2023
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