Judgment 1. The petitioner is owner of the cold storage. He has been provided H.T. connection. Time to time inspection was made and nothing wrong was found. On 18.7.1995 inspection was made and a report was submitted Annexure-7, saying "Checked C.T. connection and found correct. C.T. Box re-sealed by Bench No. 169142." After about a week again inspection was made and a report dt. 25.7.95, Annexure-8, was submitted wherefrom it appears that old seal no. Meter Box-260823 C.T. Box-169142 was found correct. It was observed that C.T. Box seal be verified from C/D records. Therefore, nothing wrong was found in the seal. However, it was reported that C.T. Box not properly separated from meter. Connection of B phase C.T. found reversed which has been corrected at 4 P.M. On the basis of said report a supplementary bill, Annex-2, was raised from the period 21.5.95 to 25.7.95 to the tune of Rs. 4,92,168.90 on 17.11.95. The petitioner has filed this application for quashing the supplementary bill raised against the petitioner, Annexure-2. 2. The grievance of the petitioner is that there was no report of theft/pilferage/tampering with the seal. The respondents railsed bill on the ground that there was theft of electricity. He says that no document has been brought on the record to show that the petitioner was committing theft/pilferage/tampering with the seal. 3. A counter-affidavit has been filed wherein stand has been taken that since the C.T. connection was found reversed and as such presumption would be that the petitioner was committing theft and as such supplementary bill has been raised. 4. On repeated questions Mr. Rekhi appearing on behalf of Electricity Board could not be able to satisfy the court as to whether without tampering with the seal such defect can be made by the petitioner. Further more, no material has been brought on record to show that the petitioner was committing theft of electricity. More-over, inspection report dated 18.7.1995 says that C.T. connection was found correct. C.T. Box re-sealed by Bit No. 169142 which was also found intact in the report dated 25.7.95, Annexure-8. There is no dispute that C.T. Box/connection is pure mechanism and fault may arise automatically. More-over, on repeated questions counsel for respondents could not be able to satisfy that it can be done without tampering with the seal. C.T. Box re-sealed by Bit No. 169142 which was also found intact in the report dated 25.7.95, Annexure-8. There is no dispute that C.T. Box/connection is pure mechanism and fault may arise automatically. More-over, on repeated questions counsel for respondents could not be able to satisfy that it can be done without tampering with the seal. Therefore, the stand taken in the counter-affidavit that the petitioner was committing theft does not appear to be correct in the facts and circumstances of the case and as such petitioner cannot be penalised. 5. Thus the bill raised against the petitioner, Annexure-2, is hereby quashed. However, the fact cannot be ignored that something wrong was found in the C.T. connection and the Board has continued electricity to the petitioner. Therefore, respondents are directed to issue fresh bill on the basis of three months average of the last bill. However, Mr. Rekhi says that it should be three months after 25.7.1995. Learned counsel for the petitioner accepted the contention of learned counsel for the Board. Therefore, Board may raise a fresh bill after taking three months average of the bill after 25.7.1995 for the period from 21.5.1995 to 25.7.1995. 6. This application is, accordingly, disposed of.