The board's action in disconnecting the petitioner's electricity supply was arbitrary and illegal as there was no evidence to support the board's allegation that the petitioner had tampered with the meter. The board had also failed to follow the provisions of the Electricity Act, 2003, which require the presence of the occupant or a person on his behalf during a search or seizure.

Girish Chandra Gupta

( 1 ) THE undisputed fact of the case is that the petitioner has been a consumer of electricity for last 30 years without any blemish. By a letter dated 10th November, 2003, Annexure 'p-2', he informed the respondent no. 3 the Station Superintendent of the West Bengal State Electricity Board that something was wrong with his meter which he had noticed on previous one or two days. The Station Superintendent was requested to inspect the meter and to take appropriate step so that the meter worked properly. On 14th November, 2003 the respondent No. 3 inspected the meter and recorded in the meter card "no display" under his signature. The respondent No. 3 thereafter continued to issue bills to the petitioner on an average basis. For the month of June, 2004, the petitioner was billed for 750 average units, for the month of July, 2004 no consumption was shown, for the month of August, 2004 he was billed for 1000 units, for the month of September, 2004 he was again billed for 1000 units. Except for the bill of September, 2004, all earlier bills were duly paid by the petitioner. On 3rd November, 2004 in the absence of the petitioner and without any notice to him the respondent No. 3 disconnected supply of electricity. Alleging inter alia that the aforesaid act of disconnection was arbitrary, illegal and unconstitutional the present writ petition was filed.

( 2 ) THE respondent No. 3 has filed an affidavit on behalf of the respondents wherein following justification is to be found for disconnection of the supply of electricity. "on 3rd November, 2004 at about 3 P. M. the Industrial meter/service connection of the consumer was inspected by the inspecting team of the respondents along with the Police personnel. During inspection it was detected by the said Team that the 3 Phase State Meter at the premises was Tampered by damaging of the portion of the meter. Immediately the service connection was disconnected and FIR was lodged by the Assistant Engineer on the same day before the concerned Police Station being P/s case No. 175/04 dated 3rd november, 2004. The damaged meter was seized and was deposited at the concern Police Station. On 5th November, 2004 the assessment made by the under signed for pilferage of energy of Rs. 1,31,533/-along with other charges as per law under Section 126 of the Electricity act 2003 was sent to the Consumer vide Memo No. NBG/fi04/4a/ 1703 dated 5th November, 2004 for making payment for reconnection of his service connection.

( 3 ) THE FIR lodged by the respondent No. 3 shows that during a period of 20 minutes that is to say between 15. 05 hours and 15. 25 hours on 3rd November, 2004 after an inspection supply of electricity was disconnected; the meter was removed; seized; packed and labeled and the petitioner was charged under Section 135 (1) (b) of the Electricity Act, 2003. The allegation of theft was made on the basis that "on visual inspection, 'ultrasonic' seals on side of meter found tampered. Also 'void' mark noticed on plastic sticker seal on sides of meter. "

( 4 ) ON 9th June, 2005 the matter was taken up for hearing when the respondent was given an opportunity to file an affidavit to give more particulars as to what did they mean by alleging in the first information report that the 'meter found tampered and also void mark noticed". How was the meter tampered and what did the void mark mean? An affidavit dated 28th june, 2005 was thereafter affirmed by Shri Satyabrata Ghosh on behalf of the respondents. The particulars furnished by Shri Ghosh are as follows :-"the plastic sticker seal is manufactured in such a way that as soon as the same is removed from the meter body the word Void' will appear on the said seal. It is pertinent to mention here that the word 'void' is not visible when the manufacturer fixed the same on the body of the meter. The experts manufacture these types of seals only to prevent the erring consumers from interfering with the proper functioning of the me

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