JUDGMENT :

Mukta Gupta, J.

By the present appeal Allauddin challenges the impugned judgment dated 16th December 2017, whereby he was convicted for the offence punishable under Section 135 Electricity Act and the order on sentence dated 18th December 2017 directing him to undergo simple imprisonment for the period of one year six months and to pay a fine of Rs.26,74,422/-, in default whereof to undergo simple imprisonment for a period of three months for the offence punishable under Section 135 Electricity Act.

2. Assailing the conviction, Learned Counsel for the appellant submits that as per the proviso to Section 135, a written complaint should be filed in the police station within 24 hours from the time of disconnection due to theft of electricity. In the present case, the same has not been complied with as the inspection and disconnection occurred on 5th January 2007 while the complaint was filed on 19th March 2007 which is a gap of almost two and a half months. As per clause 52 (iii) of the DREC Supply Code, the inspection team is required to carry photo ID card and visiting cards, which should be shown and handed over at the time of inspection. In the present case, respondent no.