Best electricity theft case -.
ASGAR FANSOFKAR
(Querist) 18 June 2014
This query is : Resolved
Dear Experts,
I am not annoyed with anybody, In fact I thank all of you for replying specially Mr. Sudhir Kumar who took the pain to answer me. The rest of you just passed it on.
When I said FIR was logged under Section 135 and 152 of Electricity Act 2003, the experts should know what does it means and should have answered accordingly. I have read the completed Act and confused a Bit with the contents so I seek the help from you experts but instead of answering my questions you wanted to know what is the content of FIR.
I asked simple 4 questions which only one expert has answered but I am not satisfied so I request you all to advise with your expertise and not to agree with others as everybody has their own opinion.
Now again I ask - Is it correct he Vigilance Team entered my house without permission and when my wife was alone.
And Can they charge me anything or there are some rules and regulation. Please See Electricity Act 2003 as attached
I am a bit confused on same, kindly give your expert comments.
Dr. Asgar Fansofkar
Sudhir Kumar, Advocate
(Expert) 19 June 2014
yousaid
"Section 135 and 152 of Electricity Act 2003, the experts should know"
the experts know what are the statures:-
Theft of Electricity.
135.
1. Whoever, dishonestly, --
a. taps, makes or causes to be made any connection with overhead, underground or under water lines or cables, or service wires, or service facilities of a licensee; or
b. tampers a meter, installs or uses a tampered meter, current reversing transformer, loop connection or any other device or method which interferes with accurate or proper registration, calibration or metering of electric current or otherwise results in a manner whereby electricity is stolen or wasted; or
c. damages or destroys an electric meter, apparatus, equipment, or wire or causes or allows any of them to be so damaged or destroyed as to interfere with the proper or accurate metering of electricity, so as to abstract or consume or use electricity shall be punishable with imprisonment for a term which may extend to three years or with fine or with both: Provided that in a case where the load abstracted, consumed, or used or attempted abstraction or attempted consumption or attempted use -
i. does not exceed 10 kilowatt, the fine imposed on first conviction shall not be less than three times the financial gain on account of such theft of electricity and in the event of second or subsequent conviction the fine imposed shall not be less than six times the financial gain on account of such theft of electricity; 2 of 1974
ii. exceeds 10 kilowatt, the fine imposed on first conviction shall not be less than three times the financial gain on account of such theft of electricity and in the event of second or subsequent conviction, the sentence shall be imprisonment for a term not less than six months but which may extend to five years and with fine not less than six times the financial gain on account of such theft of electricity: Provided further that if it is proved that any artificial means or means not authorized by the Board or licensee exist for the abstraction, consumption or use of electricity by the consumer, it shall be presumed, until the contrary is proved, that any abstraction, consumption or use of electricity has been dishonestly caused by such consumer.
2. Any officer authorized in this behalf by the State Government may - -
a. enter, inspect, break open and search any place or premises in which he has reason to believe that electricity has been, is being, or is likely to be, used unauthorisedly;
b. search, seize and remove all such devices, instruments, wires and any other facilitator or article which has been, is being, or is likely to be, used for unauthorized use of electricity;
c. examine or seize any books of account or documents which in his opinion shall be useful for or relevant to, any proceedings in respect of the offence under sub-section (1) and allow the person from whose custody such books of account or documents are seized to make copies thereof or take extracts therefrom in his presence.
3. The occupant of the place of search or any person on his behalf shall remain present during the search and a list of all things seized in the course of such search shall be prepared and delivered to such occupant or person who shall sign the list: Provided that no inspection, search and seizure of any domestic places or domestic premises shall be carried out between sunset and sunrise except in the presence of an adult male member occupying such premises. 2 of 1974
4. The provisions of the Code of Criminal Procedure, 1973, relating to search and seizure shall apply, as far as may be, to searches and seizure under this Act.
Compounding of offences.
152.
2 of 1974.
1. Notwithstanding anything contained in the Code of Criminal Procedure 1973, the Appropriate Government or any officer authorized by it in this behalf may accept from any consumer or person who committed or who is reasonably suspected of having committed an offence of theft of electricity punishable under this Act, a sum of money by way of compounding of the offence as specified in the Table below:
TABLE
Nature of Service Rate at which the sum of money for
Compounding to be collected per
Kilowatt(KW)/Horse Power(HP) or part
thereof for Low Tension (LT) supply and
per Kilo Volt Ampere(KVA) of contracted
demand for High Tension (HT)
1 2
1. Industrial Service
2. Commercial Service
3. Agricultural Service
4. Other Services twenty thousand rupees;
ten thousand rupees;
two thousand rupees;
four thousand rupees:
Provided that the Appropriate Government may, by notification in the Official Gazette, amend the rates specified in the Table above.
2. On payment of the sum of money in accordance with sub-section (1), any person in custody in connection with that offence shall be set at liberty and no proceedings shall be instituted or continued against such consumer or person in any criminal court.
3. The acceptance of the sum of money for compounding an offence in accordance with sub-section (1) by the Appropriate Government or an officer authorised in this behalf empowered in this behalf shall be deemed to amount to an acquittal within the meaning of section 300 of the Code of Criminal Procedure, 1973.
4. The Compounding of an offence under sub-section (1) shall be allowed only once for any person or consumer.
Sudhir Kumar, Advocate
(Expert) 19 June 2014
But experts are not expected to know what actually is imputed (worded) in the FIR. Your advocate in court has to exploit these words only.
No doubt you are confused. The solution lies in hiring an advocate.
Rajendra K Goyal
(Expert) 19 June 2014
Nothing fruitful can be advised without referring full case file, consult your lawyer.
Sudhir Kumar, Advocate
(Expert) 19 June 2014
anothe thread
http://www.lawyersclubindia.com/experts/BEST-electricity-theft-case-478356.asp
T. Kalaiselvan, Advocate
(Expert) 22 June 2014
Mr. Sudhir Kumar has taken much efforts to address the query, I agree with his views.
