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Patna High Court

Md. Maksood AlamversusThe State Of Bihar

Decided
Disposal
ALLOWED

Holding

The conviction was set aside because the prosecution failed to establish the appellant’s connection with the premises and the non‑examination of the investigating officer was fatal to the case.

Summary

The appellant, Md. Maksood Alam, was convicted under Section 135(1) of the Electricity Act, 2007 for alleged electricity theft at a plastic manufacturing unit and sentenced to three years’ rigorous imprisonment and a hefty fine. The prosecution’s case relied on the testimony of the raiding party and the disclosure of a caretaker, Anil Pandey, who was later found innocent, without producing the seized equipment or establishing the appellant’s ownership of the premises. The defence argued that the investigating officer was not examined, independent witnesses were not recorded, and the statutory procedure under Section 126 of the Electricity Act for calculating loss was not followed. The High Court found that the prosecution failed to prove the appellant’s possession, control, or ownership of the premises and that the non‑examination of the investigating officer was fatal to the case. It also held that the failure to produce seized articles and the improper calculation of loss rendered the conviction unsustainable. Consequently, the court set aside the conviction and allowed the appeal, discharging the appellant and his sureties from bail bond liabilities.

Issues considered

  • The prosecution must establish the appellant’s possession, control, or ownership of the premises alleged to be used for electricity theft.
  • Whether the non‑examination of the investigating officer deprives the accused of a fair trial and defeats the prosecution’s case.
  • Whether the failure to produce seized equipment as best evidence violates the evidentiary burden on the prosecution.
  • Whether the calculation of loss and imposition of fine complied with Section 126 of the Electricity Act and the Bihar Electricity Supply Code, 2007.

Legislation cited

Subjects

  • electricity theft
  • Section 135
  • possession and control
  • investigating officer examination
  • evidentiary burden
  • fine calculation
  • procedural compliance

Judgment

     IN THE HIGH COURT OF JUDICATURE AT PATNA
                  CRIMINAL APPEAL (SJ) No.168 of 2014
      Arising Out of PS. Case No.-158 Year-2011 Thana- BODHGAYA District- Gaya
======================================================
Md. Maksood Alam, S/o Md. Sharif Alam @ Md. Sharif Ansari, R/o - Janpur,
P.S.- BodhGaya, District- Gaya

                                                                 ... ... Appellant/s
                                      Versus
The State of Bihar

                                          ... ... Respondent/s
======================================================
Appearance :
For the Appellant/s     :        Mr. Sumeet Kr. Singh, Adv.
                                 Mrs. Deepali Singh, Adv.
                                 Mr. Anmol Kumar, Adv.
                                 Mr. Kumar Vikram, Adv.
                                 Mr. Amarendra Kumar, Adv.
For the State           :        Mr. Anand Mohan Prasad Mehta, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH
                            ORAL JUDGMENT

 Date : 21-01-2026


                 The present appeal has been preferred against the

 judgment of conviction and order of sentence dated 15.03.2014

 passed by the Court of Special Judge, Electricity, Magadh Area,

 Gaya, in Trial No. 208/13/189/14 arising out of G.R. No. (E) 49

 of 2011. The appellant has been convicted under Section 135(1)

 of the Electricity Act, 2007, and sentenced to undergo rigorous

 imprisonment for three years along with a fine of Rs. 5,000/-

 (Rupees Five Thousand). In default of payment of fine, he has

 been directed to undergo simple imprisonment for four months.

 The trial court further directed the appellant to pay a sum of Rs.
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         43,77,888/- × 3 = Rs. 1,31,33,664/- (Rupees One Crore Thirty-

         One Lakh Thirty-Three Thousand Six Hundred Sixty-Four) as

         fine on the ground of loss caused to the Electricity Department

         owing to the commission of electricity theft by him.

                         Prosecution Story :-

                         2. The prosecution story, in brief, as appears from

         the FIR, is as follows:-

                         On 24.08.2011, at about 3:30 P.M., the informant,

         along with other members of the raiding party constituted by the

         Electricity Board vide Order No. XII, Misc. No. 109/87-682,

         conducted a raid at village Janpur, which falls under Bodh Gaya

         Police Station in Gaya District. At that time, the Deputy

         Executive Magistrate, Sureshwar Kumar Mehta (PW-7), A.S.I.

         Om Prakash Singh, and other armed forces deputed for assisting

         in the raid were also present along with the raiding team. It has

         been further alleged in the FIR that the raiding party found a

         plastic manufacturing unit being run by the occupant at the

         alleged premises, where theft of electricity was being

         committed. While committing the offence, electricity was being

         consumed from an LT line through illegal means, and in this

         regard, several articles were seized. As per the FIR, the

         appellant was alleged to have been running the said plastic
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         manufacturing unit by illegally using electricity at village

         Janpur, Bodh Gaya, in Gaya District. According to the

         Electricity Department, the appellant’s electricity connection

         had already been disconnected on account of non-payment of

         dues, and due to this reason, he started using electricity by

         fixing a toka on the LT line in an illegal manner. His electricity

         connection pertained to his godown situated at Godam Road,

         Bodh Gaya Market. In the FIR, the loss caused to the Electricity

         Department on account of the alleged act of the appellant was

         assessed to be Rs. 43,77,888/-. The FIR further reveals that at

         the time of raid, one person, namely Anil Pandey, was found

         present at the alleged premises. According to the informant, he

         was the caretaker of the appellant and was apprehended at the

         spot. The raiding party seized all relevant articles, the details of

         which are mentioned in the seizure list (Exhibit-2) attached to

         the FIR. On the basis of a written application filed by Gauri

         Shankar Prasad, an Executive Engineer of the Electricity

         Department, a formal FIR bearing Bodh Gaya P.S. Case No. 158

         of 2011 was registered under Section 135 of the Electricity Act,

         2003 against the apprehended co-accused Anil Pandey and the

         appellant, Md. Maksood Alam.

                         2.1. In the seizure list, several articles seized from
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         the spot, such as a starter, four motors of different HP capacities,

         and PVC wires, were shown as recovered. As per the seizure

         list, altogether seven persons were members of the raiding party.

                         3. After completion of the investigation, the police

         did not chargesheet the co-accused, Anil Pandey, showing him

         to be innocent, while the appellant was charge-sheeted for the

         offence under Section 135 of the Electricity Act. The learned

         Special Court took cognizance of the said offence upon

         submission of the charge-sheet, and the appellant was

         summoned to face trial for the said offence vide order dated

         13.02.2013, as recorded in the order sheet of the trial court. The

         order sheet further indicates that the accusation relating to the

         alleged offence was explained to the appellant. However, no

         formal charge was framed against the appellant, which has been

         confirmed by the learned Additional Public Prosecutor after

         perusing the entire case record of the trial court.

                         4. During the trial, the prosecution examined

         altogether the following eight witnesses : -

            PW-1 Ravindra Kumar                        A member of the raiding party
            PW-2 Pankaj Prasad                         A member of the raiding party
            PW-3 Gauri Shankar Prasad                  The informant as well as member
                                                       of the raiding party
            PW-4     Smt. Jyoti Kumari                 A member of the raiding party
            PW-5     Jitendra Kumar Manjhi             A member of the raiding party
            PW-6     Anil Choudhary                    A member of the raiding party
            PW-7     Sureshwar Kr. Mehta               The then Deputed Executive
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                                                       Magistrate-cum-Block
                                                       Agriculture Officer and also a
                                                       member of the raiding party
            PW-8 Shiv Kumar                            A formal witness


                         5. In addition to the ocular evidence, the

         prosecution proved and accepted the following documents as

         documentary evidence :-

         Ext –1          Written FIR
         Ext –2          Seizure list
         Ext -3          Signature of one witness namely Jitendra Kumar Manjhi
                         (PW-5) on the seizure list
         Ext-3A          Signature of one witness namely Anil Choudhary (PW-6) on
                         the seizure list
         Ext-4           Formal FIR
         Ext-5           An Indemnity Bond of Rs. 50,000/- given by the appellant
                         on 12.06.2012


                      6. After completion of the prosecution evidence, the

         statement of the appellant was recorded under Section 313 of

         the Code of Criminal Procedure, affording him an opportunity

         to explain the material circumstances appearing against him

         from the prosecution evidences, which were denied by him.

         While recording his statement, the appellant claimed himself to

         be innocent but did not take any specific defence.

                      7. The appellant did not adduce any defence evidence,

         either ocular or documentary, in support of his case.

                      8. While convicting the appellant for the alleged

         offence, the learned trial court placed reliance upon the evidence

         of the members of the raiding party, including Exhibit-2, which
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         shows recovery of the alleged articles from the alleged

         premises. The trial court further relied upon the appellant’s

         application filed by him for releasing the seized articles treating

         it as an his admission to the extent that the seized articles

         belonged to him. According to the findings of the trial court, the

         appellant failed to show any cogent reason as to why the

         prosecution witnesses would falsely implicate him. As regards

         proof of the alleged premises as to belonging to the appellant,

         the trial court observed that PW-1 to PW-6, who were

         employees of the Electricity Department, could not be expected

         to narrate the exact Khata number and Plot number of the

         alleged premises. The trial court further held that non-

         examination of the Investigating Officer was not fatal to the

         prosecution case, as there were only minor contradictions in the

         testimony of the prosecution witnesses. The learned trial court

         also observed that the appellant failed to establish his principal

         defence that the alleged premises belonged to one Sukhdeo

         Manjhi.

                         9. Mr. Sumeet Kumar Singh, assisted by Mrs.

         Deepali Singh, learned counsels for the appellant, and Mr.

         Anand Mohan Prasad Mehta, learned Additional Public

         Prosecutor for the State, are present and heard at length. The
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         impugned judgment and the evidences available on the record of

         the trial court, including the statement of the appellant, have

         been perused.

                      Submission on behalf of the appellant :-

                      10. Learned counsel appearing for the appellant

         submits that admittedly the appellant was not found present at

         the alleged premises at the time of the raid. The liability for

         illegal use of electricity with the help of the seized equipments

         was fastened upon the appellant mainly on the basis of the

         disclosure made by one Anil Pandey, who was apprehended by

         the raiding party at the alleged place. Such an approach,

         according to learned counsel, was erroneous. It is further

         submitted that the prosecution failed to adduce any evidence to

         establish the appellant’s possession, control, or title over the

         alleged premises. Before the trial court, the prosecution also

         failed to produce the seized materials without offering any

         explanation. The provisions of Section 126 of the Electricity Act

         were not followed by the employees of the Electricity

         Department, including the informant, who were members of the

         raiding party, either at the time of inspection or while

         calculating the alleged loss to the Electricity Department on

         account of electricity theft.
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                      10.1. Learned counsel further submits that the

         Investigating Officer was not examined by the prosecution,

         which seriously prejudiced the appellant in defending himself,

         particularly in relation to the allegation that the alleged premises

         were in the possession and control of the appellant at the time of

         the raid. It is also contended that the raiding party failed to

         associate any independent witness during the search and seizure

         proceedings, despite the presence of several independent

         persons at the spot, none of whom had expressed unwillingness

         to join the process.

                         Submission on behalf of learned APP :-

                         11. On the other hand, learned Additional Public

         Prosecutor for the State submits that during the trial, the

         appellant filed an application claiming ownership of the seized

         electrical equipments and sought release of the same in his

         favour. Vide order dated 10.04.2012, the said application was

         allowed, and the seized articles were released in favour of the

         appellant. This, according to learned APP, is sufficient to

         establish that the alleged premises, where electricity was being

         illegally used, were under the possession and control of the

         appellant for running a plastic manufacturing unit. It is further

         argued that all the prosecution witnesses, who were members of
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         the raiding party, fully supported the case of the prosecution,

         particularly with regard to establishing that the alleged premises

         belonged to the appellant. The learned APP contends that the

         FIR itself is sufficient to prove that the alleged premises

         belonged to the appellant and that the disclosure made by Anil

         Pandey, who was apprehended at the spot, clearly revealed the

         appellant’s possession and control over the alleged plastic

         manufacturing unit.

                         11.1. Learned Additional Public Prosecutor further

         argued that non-examination of the Investigating Officer is not

         fatal to the prosecution in the present case, as all the material

         prosecution witnesses, particularly the Executive Magistrate,

         who was made a member of the raiding party under Letter No.

         3474 dated 16.08.2011 issued by the District Magistrate, fully

         supported the prosecution case. It is further submitted that there

         is no illegality in the impugned judgment and the present appeal

         is devoid of merit and is, therefore, liable to be dismissed.

                         Consideration and analysis :-

                      12. The first and foremost contention raised by

         learned counsel for the appellant is that the prosecution failed to

         establish the appellant’s connection with the alleged premises,

         which was shown to be used for running a plastic manufacturing
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         unit. In support of this contention, it has been argued that, as per

         the prosecution case, when the raiding party comprising

         employees of the Electricity Department and the Deputy

         Executive Magistrate (PW-7) conducted the raid at the alleged

         premises, several independent persons had gathered at the spot.

         However, admittedly, none of them was made a witness to the

         search and seizure proceedings, despite the fact that none of

         them had expressed any unwillingness to participate in the

         process. In this regard, the evidence of PW-1 to PW-7 assumes

         significance.

                      13. The second contention raised by learned counsel

         for the appellant is that the Investigating Officer was not

         examined by the prosecution, and such non-examination has

         seriously prejudiced the appellant. It is submitted that in the

         present case relating to theft of electricity at a particular

         premises, the prosecution was required to establish the

         appellant’s connection with the said premises, especially when it

         is an admitted position that the appellant was not present at the

         time when the raid was conducted.

                      13.1. It has further been argued that, according to the

         prosecution case, at the time of the raid, one person, namely

         Anil Pandey, was found at the spot and was shown to be the
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         caretaker of the appellant. He was also named as a co-accused in

         the FIR, and primarily on the basis of his alleged disclosure, the

         appellant was made an accused and the premises in question

         were shown to be in his possession and control for running a

         plastic manufacturing unit. However, during the course of

         investigation, Anil Pandey was found to be innocent and was

         not sent up for trial by the police. It is contended that Anil

         Pandey was the most material witness to establish the

         appellant’s possession or control over the alleged premises.

         Despite this, neither the prosecution nor the trial court exercised

         its power under Section 311 of the Code of Criminal Procedure

         to summon and examine him as a witness to verify the

         prosecution’s allegations, particularly with regard to the

         appellant’s connection with the alleged premises. In such

         circumstances, it was incumbent upon the Investigating Officer

         to examine independent witnesses who had gathered at the time

         of the raid or the persons residing in the vicinity of the alleged

         premises in order to establish the appellant’s possession and

         control over the said place. But, no such attempt was made.

         Therefore, non-examination of the Investigating Officer, who

         could have clarified the appellant’s connection with the alleged

         premises, proved fatal to the prosecution case and also seriously
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         prejudiced the appellant, as he was deprived of his valuable

         right to cross-examine the Investigating Officer regarding his

         alleged possession or control over the premises, the exact

         location of the premises, and its boundaries.

                       14. After carefully going through the testimony of the

         prosecution witnesses (PW-1 to PW-7) and taking into account

         the contents of the FIR and the seizure list, I find substance in

         the aforesaid contentions. All the witnesses, who were members

         of the raiding party, including the Executive Magistrate-cum-

         Block Agriculture Officer (PW-7), deposed before the trial court

         that at the time of the raid, one person, namely Anil Pandey, was

         found present at the alleged premises and was stated to be the

         caretaker of the appellant. The raiding party fastened the

         responsibility of illegal use of electricity at the alleged premises

         upon the appellant primarily on the basis of the disclosure made

         by the said Anil Pandey. However, during investigation, the

         police found Anil Pandey to be innocent and, consequently, he

         was not sent up for trial. The prosecution witnesses PW-1 to

         PW-7 deposed that at the time of the raid, several independent

         persons had gathered at the spot, yet none of them was made a

         witness to the search and seizure proceedings. It is not the

         prosecution’s case that such persons had expressed their
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         unwillingness to participate in the search proceedings. In such

         circumstances, particularly where criminal liability is sought to

         be fixed upon a person primarily on the basis of his alleged

         connection with the place of occurrence, examination of the

         Investigating Officer as a prosecution witness becomes of great

         significance, as issues relating to ownership, possession, or

         control over the land or premises could have been elucidated

         through his testimony and tested through cross-examination. In

         the present case, the Investigating Officer was not examined by

         the prosecution, thereby depriving the appellant of his valuable

         right to cross-examine him, especially on the crucial aspect of

         the appellant’s alleged connection or possession over the

         premises as disclosed by Anil Pandey. Hence, non-examination

         of the Investigating Officer has caused serious prejudice to the

         appellant. It is also an admitted position that the appellant was

         not present at the alleged premises at the time of the raid. In

         such a situation, the Investigating Officer was expected to take

         effective steps         to establish        the appellant’s connection,

         possession, or control over the premises where electricity was

         allegedly being used illegally. However, no such effort is

         evident from the record.

                       14.1. Among the raiding party members, PW-7, the
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         Block Agriculture Officer, who was deputed under the order of

         the District Magistrate as an Executive Magistrate to accompany

         the raiding team, is an important witness. He stated in his

         examination-in-chief that at the time of the raid, one employee,

         namely Anil Pandey, was found at the premises and he refused

         to disclose the name of his owner. However, in his cross-

         examination, PW-7 stated that Pandey Ji later disclosed the

         name of the appellant. Thus, this witness did not remain

         consistent in his testimony. PW-7 further admitted in his cross-

         examination that he did not see the appellant committing theft of

         electricity and that he named the appellant mainly on the basis

         of information supplied by Anil Pandey. He also admitted that

         no document showing the appellant’s title or ownership over the

         alleged premises was produced at the spot. The other

         prosecution witnesses deposed in similar terms regarding the

         source of their knowledge about the appellant’s alleged

         involvement in the theft of electricity at the premises in

         question.

                       14.2. In view of the above, the prosecution has failed

         to establish the appellant’s connection either in the form of his

         possession or control, or ownership over the alleged premises

         where       electricity     was      allegedly      being   used   illegally.
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         Accordingly, I find substance and merit in the first two

         contentions raised on behalf of the appellant.

                         15. The third contention raised by learned counsel

         for the appellant is that the alleged act was treated as punishable

         under Section 135(1) of the Electricity Act and, considering the

         nature of the allegation, the offence would fall under Section

         135(1)(a) of the Electricity Act, which is punishable with

         imprisonment for a term which may extend to three years, or

         with fine, or with both. It is contended that in view of the nature

         of punishment prescribed, a formal charge ought to have been

         framed against the appellant. But the learned trial court merely

         explained the substance of the accusation without framing a

         charge, which, according to the appellant, has seriously

         prejudiced his defence and vitiated the entire trial.

                         16. Upon perusal of the record, I find no substance

         in the aforesaid contention. Although the alleged offence under

         Section 135(1)(a) of the Electricity Act is punishable with

         imprisonment which may extend to three years, the appellant

         has failed to demonstrate any specific prejudice which is

         claimed to have caused to him merely on account of non-

         framing of a formal charge. From the evidences on record, it

         appears that the appellant defended himself effectively and was
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         fully aware of the nature of the accusation levelled against him.

         Therefore, the omission to frame a formal charge has not

         vitiated the trial.

                         17. The fourth contention raised by learned counsel

         for the appellant is that, as per the seizure list appended to the

         FIR, several electrical equipments, such as wires, motors, and

         starters, were allegedly seized from the premises, but none of

         these seized articles was produced before the trial court. It is

         submitted that the prosecution is not entitled to the benefit of the

         proviso appended to Section 135(1) of the Electricity Act to

         draw the adverse presumption that electricity was being

         consumed or used illegally by the appellant with the aid of the

         seized articles. It is argued that for drawing such a presumption,

         the prosecution was required to prove the existence and

         recovery of the alleged articles, for which the seized equipments

         constituted the best evidence but the failure of the prosecution to

         produce the seized articles before the trial court, without any

         explanation, operates against the prosecution case.

                         17.1. In support of the aforesaid contention, learned

         counsel for the appellant has placed reliance upon the judgment

         of the Hon’ble Supreme Court, passed in Mahaveer vs. State of

         Maharashtra and Another, reported in 2025 SCC OnLine SC
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         2180. The relevant paragraph No. 13, upon which reliance has

         been placed, is reproduced hereinbelow:

                                         “13. A perusal of Section 39 of the Act
                         reveals that any person who dishonestly abstracts,
                         consumes or uses any energy commits theft of energy.
                         The second part of the Section provides that if it is
                         proved that any artificial means or the means that
                         have not been authorised by the licensee, are used in
                         such theft of energy till the contrary is proved, it shall
                         be assumed and presumed that such theft has been
                         committed by the consumer. What is obvious from the
                         above is that for the presumption against the
                         consumer to take effect, it must be proved that an
                         artificial means or a means not authorised by the
                         licensee had been used in committing the theft. In
                         other words, the presumption is not of automatic
                         application, and instead, something is required to be
                         established for it to apply. In the instant case,
                         therefore, it must be established by the MSEB that an
                         artificial means had been employed.”


                      18. I find force in the aforesaid contention. The seized

         articles, such as wires, motors, starters, etc., ought to have been

         produced before the trial court by the prosecution as production

         of the seized materials is of vital importance in cases of

         electricity theft, particularly when the alleged offender was

         admittedly not found present at the place of occurrence at the

         time of raid and has taken the defence that he had no connection

         with the alleged premises and that the premises were in the
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         possession of some other person, as in the present case.

                      18.1. It is settled law that where the commission of an

         offence is based upon the use of specific equipment or materials

         which have been seized by the police, the best evidence would

         be the seized articles themselves, which ought to have been

         produced during trial and marked as material exhibits. In this

         regard, I would like to refer to the judgment of the Hon’ble

         Supreme Court, passed in Jitendra and Another vs. State of

         M.P., reported in (2004) 10 SCC 562, wherein, in paragraph No.

         6, it has been held as under:

                                      “6. In our view,………….. The best
                         evidence would have been the seized materials which
                         ought to have been produced during the trial and
                         marked as material objects. There is no explanation
                         for this failure to produce them. Mere oral evidence
                         as to their features and production of panchnama
                         does not discharge the heavy burden which lies on the
                         prosecution, particularly where the offence is
                         punishable with a stringent sentence as under the
                         NDPS Act. In this case, we notice that panchas have
                         turned hostile so the panchnama is nothing but a
                         document       written     by       the   police   officer
                         concerned…….”


                         18.2. During the course of arguments, learned APP

         could not furnish any plausible explanation for non-production

         of the seized articles before the trial court. Though it was

         contended that the appellant had filed an application before the
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         trial court seeking release of the seized articles in his favour,

         which was allowed, and that such conduct amounts to

         appellant’s admission of ownership over the seized articles as

         well as the premises.

                        18.3. The above submission made by learned APP

         cannot be accepted. From perusal of the trial court’s record, it is

         evident that although such an application was filed, however,

         the prosecution cannot be absolved of its primary and

         unshiftable burden to establish the appellant’s possession,

         control, or ownership over the alleged premises where

         electricity was allegedly being used illegally. Mere filing of

         such an application does not ipso facto establish that only the

         appellant was responsible for running the alleged plastic

         manufacturing unit by illegal consumption of electricity,

         particularly when the prosecution failed to adduce satisfactory

         ocular or documentary evidence to establish his connection with

         the premises. Moreover, the said application was neither

         exhibited during trial nor was the appellant afforded an

         opportunity to explain the circumstances under which the

         application was filed. In such circumstances, it would be wholly

         unsafe and improper to fasten criminal liability upon the

         appellant merely on the basis of the said application.
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                         19. The fifth contention raised by learned counsel

         for the appellant is that while calculating the loss allegedly

         caused to the Electricity Department, the mandatory provisions

         of Section 126 of the Electricity Act as well as the procedure

         prescribed under Clause 11.2.3 of the Bihar Electricity Supply

         Code, 2007, framed under the Electricity Act, 2003, were not

         followed by the raiding party.

                         20. I find substance in the aforesaid contention. The

         FIR and the seizure list do not disclose the method adopted for

         calculating the alleged loss to the Electricity Department. As per

         Section 126 of the Electricity Act, upon inspection, if the

         Assessing Officer comes to the conclusion that a person is

         indulging in unauthorized use of electricity, he is required to

         make a provisional assessment to the best of his judgment and

         serve the same upon the concerned person or the person in

         charge of the premises, thereby affording an opportunity to file

         objections.

                         20.1. In the present case, neither the FIR nor the

         seizure memo demonstrates compliance with the provisions of

         Section 126 of the Electricity Act. Nevertheless, the learned trial

         court, relying mainly on the alleged loss of Rs. 43,77,888/-

         shown in the FIR, imposed a fine of Rs. 1,31,33,664/- upon the
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         appellant. Such an approach is legally unsustainable. Before

         fastening such heavy financial liability, the trial court was

         required to satisfy itself regarding the correctness of the method

         adopted for calculating the loss and the due compliance of the

         mandatory statutory provisions, which was not done in the

         present case.

                        Conclusion :-

                        21. In view of the facts and circumstances discussed

         hereinabove and the evidences adduced by the prosecution, I am

         constrained to hold that the prosecution has miserably failed to

         establish the appellant’s connection, possession, control, or

         ownership over the alleged premises where the plastic

         manufacturing unit was allegedly being run by illegal

         consumption of electricity. The very foundation upon which

         liability was sought to be fastened upon the appellant is fragile

         and unreliable. The non-examination of the Investigating Officer

         proved fatal to the prosecution, particularly when the alleged

         disclosure of Anil Pandey, who was subsequently found

         innocent, formed the basis of implicating the appellant. The

         prosecution also failed to explain why independent witnesses

         were not associated with the search and seizure proceedings

         despite their presence at the spot. Further, the prosecution could
             Patna High Court CR. APP (SJ) No.168 of 2014 dt.21-01-2026
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                      not justify compliance with the provisions of Section 126 of the

                      Electricity Act while calculating the alleged loss, which was

                      relied upon by the trial court to impose an exorbitant fine.

                      Accordingly, the impugned judgment of conviction and order of

                      sentence passed against the appellant are not sustainable in the

                      eyes of law and are hereby set aside. The appeal stands allowed.

                                     22. The appellant is on bail, accordingly, he and his

                      sureties are discharged from the liabilities arising out of their

                      respective bail bonds.

                                     23. Let the records of the trial court along with a

                      copy of this judgment be transmitted forthwith to the trial court

                      for necessary compliance.




                                                 (Shailendra Singh, J)
annu/-
AFR/NAFR                AFR
CAV DATE                NA
Uploading Date          27.01.2026
Transmission Date       27.01.2026


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