An acquittal under the Electricity Act reinforces the presumption of innocence, requiring credible evidence and caution from appellate courts before altering trial court decisions.

ORDER

Chandra Dhari Singh, J. (Oral)--The present Criminal Appeal under Section 156 of the Electricity Act, 2003 has been filed against the final order/judgment of acquittal dated 1st August, 2007 passed by Learned Additional Sessions Judge (Electricity, Wazirpur Industrial Area, Delhi) (hereinafter "Learned Trial Court") in Criminal Case No. 321/2006.

2. The brief facts of the case are that the appellant is a Limited Company duly incorporated under the Companies Act, 1956 having its registered office at-33 KV Grid Substation Building, Hudson Lines, Kingsway Camp, Delhi-110009 and also having its enforcement assessment Cell, opposite C-2 Block, Keshavpuram, Lawrence Road, Delhi-110035. The appellant company is engaged in the business of distribution of electricity in the North and North-West Delhi.

3. On 18th June, 2005, a joint inspection team of the appellant company had inspected the premises of respondent no. 1/accused. The said inspection was done under the direct supervision of Manager (ENF) NW, in exercise of the powers vested in it under Section 135 of the Electricity Act, 2003 and in accordance with Section 25 of the DERC (Performance Standards-Metering and Billing) Regulations, 2002. The premises of the respondent no. 1/accused were using and consuming the electricity being distributed and supplied by the Appellant-Company. The aforesaid inspection was conducted in presence of the accused/representative/employees of the accused and the joint inspection team was comprised of Sh. Virender Kumar-Manager and Sh. Imran Khan - Officer ENF-NW. During the course of investigation of the aforesaid premises of the respondent no. 1/accused, the inspection team observed the following irregularities:

"Consumer/user found indulged in direct theft of electricity by taking supply directly deliberately and illegally from N D P L LV main through 3 x 10 and 4 x 25 sq. mm. PVC cables.

Illegal wires/cables were removed from the site and bandied over to zonal staff vide Seizure Memo/Paper Seal No. 51274 dated 18.6.05. Establishment type - Farm

House".

4. The inspection team further found a connected total load of 14.313 KW against the sanctioned load of NIL KW. The members of the above said inspection team prepared, at site, an Inspection Report dated 18th June, 2005 bearing Serial Number 108062, the same was duly signed by all the members comprising the joint inspection team.

5. The joint inspection team had, thereafter, prepared a joint inspection report and recorded the following observations:

"As per the observation made at site, user found indulged in direct theft of electricity by taking supply directly deliberately & illegally from N D P L LV mains through 3 x 10 sq. mm & 4 X 25 sq. mm PVC cables. Total connected load found 14.313 KW. Illegal wires/cables removed from site and handed over to zonal staff vide Seizure memo no. 51274 dt.18.6.2005.

Necessary photographs taken by M/s Navani Photo Studio."

6. In view of the aforesaid facts and on the basis of the inspection report dated 18th June, 2005, the appellant Company had raised a Final Assessment Bill dated 22nd June, 2005 for a sum of Rs.4,12,201/- (Rs.Four Lakhs Twelve Thousand Two hundred and One only) against the respondent no. 1/accused to be deposited on or before 29th June, 2005. It was further stipulated in the said bill that if the respondent no. 1/accused fails to make the aforesaid payment in time, a late payment sur-charge (LPSC) shall be charged @ 1.5 % per month. The said final assessment bill dated 12th January, 2005 was tried to be served on the respondent no. 1/accused but he refused to receive the same and despite being aware of the said b