High Court Punjab-Haryana High Court

Naresh Kumar vs State Of Punjab on 1 October, 2009

Punjab-Haryana High Court
Naresh Kumar vs State Of Punjab on 1 October, 2009
Crl. Misc.No.M-27526 of 2009            1

       In the High Court of Punjab and Haryana at Chandigarh


                 Crl. Misc.No.M-27526 of 2009 (O&M)
                Date of decision:1.10.2009

Naresh Kumar
        `                                         ...Petitioner

                     Versus

State of Punjab
                                                  ...Respondent

Coram: Hon’ble Mr. Justice A.N. Jindal

Present:- Mr. Puneet Kansal Advocate for the petitioner.

A.N.JINDAL, J

Both the accused namely Naresh Kumar and Vikas are brothers

and involved in the instant case for theft of electricity worth Rs.35 lacs.

While granting interim bail on 24.9.2009 to Vikas Singla it was argued that

the Firm which was stealing electricity belonged to the petitioner and he

was granted bail on this ground. Now his brother Naresh Kumar (i.e

petitioner) has come up with the application for anticipatory bail. The

petitioner are alleged to be stealing electricity from the high tension wire.

Provisional Order of assessment for power theft under Section 135 of

Electricity Act 2003 is as under:-

“Your premises where account no.____ and was

illegally connected, has been checked by Sh. Raminderjeet

Singh, Senior Executive Engineer (OP) Sangrur (Name of

Authorized/Assessing Officer) on 10.9.2009 vide his checking

report no. 21,22/3617. While checking, you have been found

guilty of power theft in the following manner:-

The applicant was doing the act of power theft by
Crl. Misc.No.M-27526 of 2009 2

installing 11 KV 3C XLPE cable about 10/12 meter in length

by connecting its one side from the bushes of 25 KVA

transformer installed near floor mill and connecting the other

side of cable with the 200 KVA transformer lying in his/their

premises. 67.950 K.

As described above, with regard to the theft of power,

an amount of 35,69,821/- has been assessed as mentioned

below, is payable by you under Section 135 of Electricity Act,

2003. The amount assessed is as per formula LD HF = UNITS

TARIFF 2 TIMES 12 MONTHS:

67.950x25x20 = 100 = 33975 unit x 2 x3.98 x 12=

3245292+ED

324529 = 3569821/-

You are requested/advised to deposit the said amount

within 7 days from the receipt of this notice.

If you are not agreed with this provisional order of

assessment, you move your request to Sub Divisional Engineer,

area Patiala (write the name of Designated authority under

Designated authority vide Electricity Supply Code and Related

Matters Regulation 2007 regulation 37.2(c ) (i) as per notice

issued on dated 30 November, 2007 within 15 days of the

receipt of this order. The Designated Authority would issue the

final order of assessment within 7 days after considering your

request and giving an opportunity of hearing to you.

You may file an appeal challenging the said charge,

before the Special Court of Additional Sessions Judge as per
Crl. Misc.No.M-27526 of 2009 3

notification of Deputy Secretary Home (S) of November 2007

issued on 3.12.2008.

An FIR for committing the offence of electricity theft

is being registered against you under section 135 of Electricity

Act 2003. If you agree, then you can evade the criminal

proceeding against you by depositing the compounding charges

fee of Rs.6,80,000/- for the first time case of power theft. You

may get the approval for depositing the compounding charges

from Sub Chief Engineer Division, Area Patiala.”

The whole of Punjab is crying for electricity which is being

stolen and the people in general are suffering for the high handedness of

these big electricity grabbers. The circumstances warrant the custodial

interrogation of the petitioner. As such finding no merit, the petition is

dismissed.

October 01, 2009                                  (A.N.Jindal)
rekha                                               Judge