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2007 Supreme(Del) 2447

SHIV NARAYAN DHINGRA
MUKESH RASTOGI – Appellant
Versus
NORTH DELHI POWER LIMITED – Respondent


( 1 ) THIS appeal has been preferred against the judgment of Special electricity Court, Rohini dated 8th August, 2007 and order on sentence of the same day whereby the appellant was convicted under Sections 135 and 138 of electricity Act and was sentenced to undergo Simple Imprisonment for period of one year and civil liability of the appellant was fixed under Section 154 (V) of electricity Act to the tune of Rs. 1,00,000/-

( 2 ) THE appellant challenged the order of the Trial Court on the ground that the officials, who inspected the premises of the appellant on 21st december, 2004 were not the Officers duly authorized by the State Government under Section 135 (2) of the Electricity Act. The Government of NCT had issued a notification dated 15th March, 2004 whereby the officers of the rank of Manager and above were designated as authorized Officers for inspection. Since the inspection Report dated 21. 12. 2004 shows that none of the officers, who inspected the premises was of the rank above Manager, the inspection was illegal and conviction based on this inspection was illegal. The second ground taken is that the complainant company i. e. NDPL had not followed the provisions of cr.









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