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2011 Supreme(Del) 474

MUKTA GUPTA
North Delhi Power Ltd. – Appellant
Versus
Surender Kumar – Respondent


Advocates:
Counsels:
For Appellant/Petitioner/Plaintiff: Vikram Nandrajog and Sushil Jaswal, Advs.
For Respondents/Defendant: Ankur Sharma, Adv. in Crl. Rev. P. 685/2007, A. Maitri, Radhika Chandersekher and Shaily Malhotra, Advs. in Crl. Rev. P. 563/2007, V.K. Goel, Adv. in Crl. Rev. P. 564/2007, Ujjawal K. Jha and B.P. Aggarwal, Advs. in Crl. Rev. P. 306/2007

JUDGMENT

Mukta Gupta, J.

1. The short issue which arises in the present petition is whether a prosecution case can be thrown out at the stage of charge itself on the ground that there was no notification authorizing the concerned officer to carry out the inspection on the date when the inspection was carried out.

2. In these petitions complaints were filed against the Respondents for committing the offence under Section 135 of the Electricity Act, 2003(in short 'the Act') on the basis of raids allegedly conducted by the inspection teams in the premises of the Respondents on 25th September, 2003, 26th February, 2004, 12th March, 2004 and 8th January 2004 respectively. All these inspections were carried out prior to 31st March, 2004 when the notification of the Government of NCT of Delhi (Department of Power) was issued empowering the technical officers of the rank of managers/executive engineers and above in the departments dealing with distribution, commercial and enforcement functions as authorized officers for the purpose of Section 135 of the Act. The learned trial court came to the conclusion that the officers of the complainant could not derive any power under Regulation 25 (i) t

































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