R.BANUMATHI, R.SUBHASH REDDY
West Bengal State Electricity Distribution Company Ltd. – Appellant
Versus
Orion Metal Pvt. Ltd – Respondent
Certainly. Based on the provided legal document, here are the key points:
Power theft, including use of energy through tampered meters, is classified as unauthorized use of electricity under the relevant law (!) (!) .
Authorities are empowered to conduct inspections and make provisional assessments of energy loss when unauthorized use is suspected, including tampering with meters (!) (!) .
The assessment process involves serving a provisional order to the person in occupation of the premises, providing an opportunity to file objections, and then passing a final order of assessment (!) (!) (!) .
Instances of energy use through tampered meters are included within the scope of unauthorized use, and such cases do not necessarily amount to theft, but theft of electricity as defined under the law also falls within this category (!) (!) (!) .
The authorities have the power to make provisional and final assessments even when electricity is used unlawfully through theft, and the deposit of assessed amounts leads to the restoration of power supply (!) (!) .
There is a clear distinction between proceedings under assessment statutes and criminal proceedings for theft; the former do not require proof beyond reasonable doubt or mens rea, whereas the latter do (!) (!) .
The law permits simultaneous proceedings for assessment of energy loss and criminal prosecution for theft, as they serve different purposes and have different standards of proof (!) (!) .
The special courts are empowered to determine civil liability for theft of energy and impose civil penalties, which are recoverable as a decree of a civil court (!) (!) .
The legal framework emphasizes that unauthorized use of electricity covers a broad range of malpractices, including but not limited to tampering with meters, exceeding authorized load, or using electricity in unauthorized premises (!) (!) (!) .
The law provides for immediate disconnection of supply upon detection of theft or tampering, along with procedures for inspection, search, seizure, and documentation, ensuring due process (!) (!) (!) .
Provisions also specify that civil liability assessments and criminal proceedings are distinct but can operate concurrently, with the assessment process not being dependent on criminal conviction (!) (!) .
The law aims to facilitate effective enforcement against unauthorized use and theft of electricity, balancing civil assessments with criminal prosecutions, and ensuring that power to assess is not restricted by ongoing criminal proceedings (!) .
Please let me know if you need further clarification or assistance.
JUDGMEN
R. Subhash Reddy, J.
1. Leave granted.
2. This civil appeal is filed by the appellant-West Bengal State Electricity Distribution Company Limited and others, aggrieved by the judgment and order dated 18.12.2017 passed by the High Court of Calcutta in F.M.A. No.520 of 2017 and the corrected order dated 07.02.2018. By the impugned order, the intra Court appeal preferred by the respondent company was allowed by the Division Bench of High Court.
3. Necessary facts, in brief, are as under:
(a) The 1st respondent herein is the consumer of electricity from the appellant-West Bengal State Electricity Distribution Company Limited & Ors. There is a supply agreement entered into between the parties on 22.12.2004. The officials of the appellant company served a notice dated 28.10.2016 upon the 1st respondent, in exercise of power under Class IV of the West Bengal Electricity Regulatory Commission Electricity Supply Code, 2007 for conducting an inspection in the metering system of the respondent. The respondent-company isa centralized bulk high voltage consumer of electricity in the Hooghly region, with a contracted load of 1450 KVA. After service of notice on the 1st respondent on 28.10.201
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