IN THE COURT OF SH.

SANDEEP YADAV, ASJ

SPECIAL ELECTRICITY COURTS, SAKET COURT COMPLEX, NEW DELHI
CRIMINAL COMPLAINT NO. _______ OF 2023

IN THE MATTER OF:

BSES Rajdhani Power Limited …
Complainant
Arun …
Accused

EVIDENCE BY WAY OF AFFIDAVIT

I, Shri ______________, S/o Shri ___________ aged ____ years presently working as
_________ BSES RPL having its Office at Near Andrews Ganj Market, New Delhi 110049,
do solemnly affirm and attest as hereunder :-

1. I say that I am well conversant with the facts and the circumstances of the above
noted case as being the member of the raiding team and as derived from the records
maintained by the Complainant Company and hence competent to file, affirm, swear
and depose the present affidavit.

2. I say that the complainant is engaged in the business of distribution of electricity in

Delhi including area at which the premises used by the accused named hereinabove, is
located.

3. I say that in pursuance to the powers conferred by the provisions of Section 135(2) of
The Electricity Act, 2003 and further as per the direction of D.G.M Enf, the joint
inspection team carried out an inspection on 08.12.2022 at 12:10 PM at the premises
near H. No. 3/25, 2/F, Back portion, Double story, Jangpura extension, New Delhi
110014 (hereinafter referred to as the “Premises”) used and occupied by the persons
namely Arun (User). The raiding team consisted of:

(I) Mr. Sandeep Kumar, Senior Manager

(II) Mr. Pramod Kumar, Engg.
(III) Mr. Sandeep Kumar, L/M

4. That the Accused i.e. Arun is the User of the electricity supplied and is also the owner
at the aforesaid premises at which the inspection was carried out by the members of
the raiding team. The inspection team was headed by Mr. Sandeep Kumar, Senior
Manager and at the time of raid the electricity was being consumed for Domestic
Purpose (DX).
5. That as per directions of DGM (Enforcement), joint team conducted the inspection of
the above said premises on 08.12.2022 at 12:10 PM and the following emerges from
the observations made by the members of the joint inspection team :

A) No meter was found installed at the site.

B) User was found indulged in direct theft of electricity through illegal tapping from
BSES pole.
C) All materials have been seized from the site as per the approachable limits.
D) All of the connected load has been assessed at the site physically.
E) All of the necessary documents have been prepared at the site.
F) Necessary videography has been done by Mr. Sanoj Pal from M/s Arora Studio.
In view of the above, it was declared that it is a case of Direct Theft of Electricity
(DT). The details of inspection carried out at the site are as follows:
Case ID : RS081222CA015
CA No. : 401581918
User : Arun
Address : Premises near of H. No. 3/25, 2/F
Back Portion
Double story, Jangpura extension
New Delhi 110014
Connected Load : 7.842 KW/DX/DT
Category : DX
The Joint Inspection Report (along with meter details) prepared at the time of
inspection is exhibited herewith as Ex-CW2/A (Colly).

6. In view of the above, the Accused persons were found indulging in the theft of
electricity and illegally using the electricity for domestic purposes by tampering with
the meter. The submissions made herein above and the documents attached herewith
clearly show that the Accused persons were indulging, inter-alia, in Direct Theft of
Electricity and hence the members of the inspection team booked a case of Direct
Theft of Electricity (“DT”) against the Accused named herein above in terms of
Sections 135 and 150 of Electricity Act, 2003.

7. I say that the total connected load, which was illegally used by the accused persons in
illegally drawing the electricity, has been assessed by the inspection team as 7.842
KW/DX/DT. The load report was prepared by the raiding team at the time of
inspection and the same is exhibited herewith as Ex-CW2/B.

8. I say that the inspection team seized the following :-

 a) Two number of red colour multi-strand copper wire of size 2.5 sq mm and having
length 2.5 meter each approximately.
The above material evidence clearly makes out the irregularities and illegal usage of
electricity supplied by the Complainant by the accused named herein above. The
seizure memo prepared at the time of inspection bearing is exhibited herewith as Ex-
CW2/C.
9. I say that at the time of the raid necessary videography showing the irregularities was
done by a Videographer Mr. Sanoj Pal, from M/s Arora Studio at the site. The
Compact Disc along with Certificate under Section 65 B of Evidence Act containing
the said videography is exhibited herewith as Ex-CW2/D (Colly).

10. That as per above averments, it is evident that the accused persons have committed
theft of electricity, in terms of Section 135 read with section 150 of Electricity Act,
2003 and were using electricity illegally, by drawing the same dishonestly, from the
Complainant’s system. Consequently, an amount of Rs. 1,43,225/- (Rupees One
Lakh Forty Three Thousand Two Hundred and Twenty Five only) is payable to
the Complainant by the accused persons for the wrongful abstraction, consumption,
theft and use of electricity. Therefore, an assessment (described as “Supplementary
bill for theft of electricity”) has been raised against the Accused persons. The said
assessment, (described as “supplementary bill for theft of electricity and
investigation”) is exhibited herewith as Ex-CW2/E respectively.

11. The photograph of the accused, attached with the Complaint, is exhibited herewith as
Ex-CW2/F.

12. I say that the Complainant had assessed a civil liability of Rs. 1,43,225/- (Rupees
One Lakh Forty Three Thousand Two Hundred and Twenty Five only) against
the Accused persons in accordance with the provisions of DERC Regulations.

13. I say that the Accused persons have wilfully neglected to pay the said amount as per
the supplementary bill dated 09.12.2022, which was duly sent to them. From the
above it is evident that the accused person had malafide intention in using the
electricity illegally without any intention to pay for use of such electricity.

14. I say that the aforesaid acts and omission of the accused clearly show that he was
indulging in Direct Theft (DT) for a very long time and by such act, a huge loss is
caused to the complainant.

15. I say that no part of this affidavit is false and nothing material concealed therefrom.
 DEPONENT
VERIFICATION:

Verified at Delhi on this ____ day of _____, 20__ that the contents of the above
affidavit are true and correct to the best of my knowledge being the member of the
raiding team and derived from the various official records of the Complainant
Company, kept in normal course of business, made available to me, and believe by
me to be true. No part of it is false and nothing material has been concealed
therefrom.

DEPONENT