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Madhya Pradesh High Court · body

2003 DIGILAW 28 (MP)

Mahavir Cold Storage And Ice Factory v. M. P. Electricity Board

2003-01-06

ARUN MISHRA

body2003
ORDER : The petitioner, in this instant writ petition, is assailing the order (Annexure-P/43) passed by the Review Committee. The petitioner is found guilty of committing theft of electricity and also connecting overload. Total recovery imposed is Rs. 6,03,886/-. 2. The petitioner submits that the petitioner is running a Cold Storage and Ice Factory, situated in Donga, Tikamgarh. The petitioner informed in the year 1996 that the wiring leading to the metre had damaged insulation, even though the wiring was in perfect condition, the pre-insulation was not in proper shape, the said fact was informed as per letter P/1 dated 16-4-1996. On 16-12-1999 an inspection was conducted as per Panchanama P/2 everything was found in order. Despite the representation of the petitioner filed as per Annexure-P/1, no action was taken by the respondent-Board, to replace the metre wire which was shown to be damaged by the petitioner. On 20-4-2000 Flying Squad of M.P. Electricity Board, Tikamgarh visited the premises of the petitioner and it was found out by the Flying Squad that there was a hole at the bottom of the metre box as the sheet of the meter box had decomposed. The Flying Squad also found out that the cable leading to the metres was taped. Inspection report P/3 dated 20-4-2000 was prepared. Panchanamas P/4 and P/5 were prepared on 20-4-2000 by the Executive Engineer (Vigilence), Tikamgarh. On 22-4-2000, the Additional Superintending Engineer, Sagar, inspected the alleged irregularities and a panchanama P/6 was prepared. It was also recorded in the said panchnama that there has been tampering with the cables with an intention to commit theft of electricity. The meter was seized as per memo P/8. The petitioner submitted a representation to respondent No. 5, disagreeing with the findings of the Flying Squad and also the finding recorded in the Panchnama and the petitioner sought review of his case by the Statutory Review Committee. The representation Annexure-P/9 was filed. The petitioner was required to make payment of Rs. 6,03,886/- as per order P/10. The petitioner's connection was disconnected, on the petitioner failure to meet the demand, the writ petition is preferred before this Court. The petitioner has deposited 79% of the amount as submitted by the learned counsel for the petitioner. The representation Annexure-P/9 was filed. The petitioner was required to make payment of Rs. 6,03,886/- as per order P/10. The petitioner's connection was disconnected, on the petitioner failure to meet the demand, the writ petition is preferred before this Court. The petitioner has deposited 79% of the amount as submitted by the learned counsel for the petitioner. During the pendency of writ petition, the review committee has rejected the claim of the petitioner and it has held that since the insulation wires were damaged, the theft of electricity has been committed. Panel bill at the rate of twice has been deleted by the Committee. The charges approved for additional load is Rs. 2583.50 was instead of 6131.04. 3. Return has been filed by the Board. It is contended that on 20-4-2000, Mr. A. K. Joshi, E.E. (Vig), Flying Squad inspected the premises of the petitioner and observed that load of the premises was 152 HP in place of 150 HP, bottom of the meter box was rusted in such a fashion that a hole of size 9" x 10" had occurred, a preliminary inspection through the hole revealed that two cables going to the meter terminal for meter connection were found tapped which created a doubt about some foul play. Mr. Joshi, E.E. (Vig) was not the authorised person to break open the meter box and meter seals without the presence of authorised person Addl. S.E. (MRT), Sagar, therefore, he prepared two panchnama P/4 and P/5 on 20-4-2000 in addition to spot inspection report P/3. The petitioner has duly signed all the three papers without any protest. Thereafter E.E. (Vig) informed the matter to higher authorities for arranging thorough checking of the meter which was conducted on 22-4-2000. Metering equipment is mounted on a D. P. structure at a height of about 10 to 15 feet from which cables are drawn into the meter box for meter connections. The condition of the CT cable coming from metering equipment and entering into the meter box was tapped with black insulation tape. Metering equipment is mounted on a D. P. structure at a height of about 10 to 15 feet from which cables are drawn into the meter box for meter connections. The condition of the CT cable coming from metering equipment and entering into the meter box was tapped with black insulation tape. On removing the tape, there were four insulated wires i.e. insulation of the red wire was found stripped without damaging the copper conductor of the wire, yellow wire was cut in the middle and then rejoined with a 5 inch long white wire, insulation of the green wire was also found stripped but without damaging the copper conductor of the wire and black wire was also found stripped off insulation and a joint was also noted. The above four core control cable was connected from the metering equipment to the meter inside the meter box. Further another four core cable coming from metering equipment to the meter TTB which was PT cable was also found damaged as yellow wire was stripped off insulation at 18" before the TTB. Black wire was having two marks where a pin was pricked inside the cable at 16" before TTB. Red wire was having a hole made with a pin at 12" before the TTB with the intention of measuring the voltage. Thus, the respondents contend that this deliberate damage to 2 x 4 core cable has no relation with the squirrel bite of the one lead as pointed out by the petitioner on 16-4-1996 which is very minor natural damage and was rectified long back. It is very clear that there was much damage to all the wires of 2 x 4 core cable connecting the metering equipment with meter through the TTB which was done intentionally and with the sole intention to commit theft of electrical energy. On shorting the uninuslated CT wires, meter can be stopped. It was a planned and deliberate arrangement for stopping the meter as and when required; done by the petitioner for doing theft of energy. Thus, order passed by the Review Committee is proper and calls for no interference. 4. Shri A. Adhikari, learned counsel for the petitioner has further submitted that information was given as per letter P/1 for checking of the in-coming wire but that was not done. Thus, order passed by the Review Committee is proper and calls for no interference. 4. Shri A. Adhikari, learned counsel for the petitioner has further submitted that information was given as per letter P/1 for checking of the in-coming wire but that was not done. The wire is not tampered by the petitioner, the petitioner cannot be seddled with liability and the charge of the theft by the Review Committee. The order does not show that mind has been applied in a proper manner and order is passed in mechanical manner. 5. Shri P. K. Jaiswal, learned counsel for the respondents contends that decision of Review Committee is proper as incoming and outgoing wires were found extensively tempered and it was done with intention to commit theft of energy and stop function of the meter. Thus, the findings recorded is proper and calls for no interference as the Panchnamas support, the findings which were signed by the petitioner without any objection as to facts noted in Panchnama. The petitioner is bound by the Panchnamas. Thus, there is no illegality in the demand raised. 6. After perusal of the Panchnamas P/4, P/5, and Report P/3, it is clear that the hole for taking out incoming and out going wire was found, it was very much possible to stop functioning of meter as mentioned above. Thus, the findings recorded by the Statutory Review Committee is correct that it is a case of theft of energy with respect to the filing of the representation P/1 in the year 1996. The stand taken by the respondents is that the minor defect was removed long back when complaint was made. Tempering has been found in the Panchnamas which was not mentioned in P/1. It is crystal clear that wires were tempered with after filing P/1 Panchnama has been duly signed by the petitioner. The findings is purely on facts and called for no interference. 7. It is submitted that the petitioner has objection on Panchnama. The note put by the petitioner put indicates that he did not dispute on factual position noted in P/3, P/4 and P/5 but mentioned that on earlier occasion no such complaint was found. The facts mentioned in Panchnama speak for tempering of wire which was found. 7. It is submitted that the petitioner has objection on Panchnama. The note put by the petitioner put indicates that he did not dispute on factual position noted in P/3, P/4 and P/5 but mentioned that on earlier occasion no such complaint was found. The facts mentioned in Panchnama speak for tempering of wire which was found. By out going cable from meter it was possible to stop the meter and by opening tape on in coming wire, it was possible to take energy without its entry into meter. The findings recorded is proper. Inference of theft is justified. 8. Resultantly, the petition is sans merit and is dismissed. No order as to costs.