TMI Blog1999 (8) TMI 1015X X X X Extracts X X X X X X X X Extracts X X X X ..... mer of the electricity connection of K. No. 0093687648 at 38, Okhla Industrial Estate, New Delhi. On 1.6.1992 factory premises of the petitioner were inspected by the Enforcement Staff petitioner were inspected by the Enforcement Staff of the DESU, when it was discovered that three half seals of the meter i.e. OL-12055, OL-12056 and OL-120587 of monogram IMD-84 were tampered with. On 1.7.1992, Asstt. Engineer Mr. P.C. Bhardwaj lodged the FIR at the P.S. Okhla Industrial Area, Phase III, New Delhi. Investigation pursuant to the said FIR culminated into submission of a charge/sheet under Sections 39/44 of the Indian Electricity Act (for short the Act ) read with Section 379 IPC. 3. On consideration of the report filed under Section 173 Cr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... udgment of the Supreme Court in Arun Shankar Shukla Vs . State of U.P. and others 1999CriLJ3964 , it was held that inherent powers are in the nature of extra ordinary powers to be used sparingly for achieving the object mentioned in Section 482 of the Code in cases where there is no express provision empowering the High Court to achieve the said object. In Raj Kapoor Vs . State (Delhi Administration), 1980CriLJ202 , it was held that the amplitude of the inherent powers under Section 482 remain unaffected under Section 397. In Jitender Kumar Jain Vs. State of Delhi and Others 1999 SCC 77, it was held that it is true that a second revision petition does not lie before the High Court when one is dismissed by the Court of Sessions. Still the C ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hat although the justice has to be administered according to law, the ends of justice are higher than the ends of mere law. (State of Karnataka Vs . L. Muniswami and Others, 1977CriLJ1125 ). It is not the object of a criminal trial to expose an innocent person to the hazard of a trial but to render public justice and to punish the criminals. 8. In the instant case it is undisputed that the petitioner is the proprietor of M/s. Hind Automobiles Corporation which is the registered consumer of the electricity connection of K. No. 0093687648 at 38, Okhla Industrial Estate, New Delhi. It needs to be highlighted that it is the definite case of the prosecution that on the day in question M/s. Ravi Sun Printers were found abstracting electrical e ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... held that before raising a presumption under Section 39 of the Act that there was dishonest abstraction, the presence of an artificial means, which would render abstraction of energy possible has to be established. Needless to add here that means read is an essential element in an offense punishable under Sections 39/44 of the Act read with Section 379 IPC. The test of means read here is subjective. In Section 39 of the Act, the emphasis is on the word whoever and the word whoever is of wide amplitude and it embraces within its fold any person including the registered consumer, who has the custody and control over the offending meter used for supply of electrical energy. It follows that Section 39 of the Act creates an offense against ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... noticed earlier, the joint inspection report, which is the foundation of the FIR, prime facie, shows that at the time of inspection the offending meters were in custody and control of M/s. Ravi Sun Printers and they were found dishonestly abstracting the electrical energy. Strangely enough, M/s. Ravi Sun Printers have not been charge-sheeted under Sections 39/44 of the Act read with Section 379 IPC. However, the material collected by the prosecuting agency does not make out any case under Section 39/44 of the Act read with Section 379 IPC against the petitioner. Learned Metropolitan Magistrate has misdirected himself in placing reliance on Section 2(c) of the Act for imposing criminal liability on the petitioner for the alleged offence. Sur ..... X X X X Extracts X X X X X X X X Extracts X X X X
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