MD. ABDUL LATIF Vs. STATE OF TRIPURA
HIGH COURT TRIPURA
Md. Abdul Latif
The State of Tripura
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Deepak Gupta, J. -
(1.) THIS appeal by the convict is directed against the judgment dated 20 -11 -2009 passed by the learned Special Judge, Tripura, Agartala in Case No. Special 53 of 2008 whereby he convicted the accused of having committed an offence punishable under Section 135(1)(a) of the Electricity Act and sentenced him to suffer simple imprisonment for 3 (three) months.
(2.) THE prosecution story, briefly stated, is that the accused runs a rice mill. The electricity connection to his rice mill was disconnected due to non -payment of bill. However, on 1 -10 -2008 when a raiding party of the officials of the Tripura State Electricity Corporation Limited (TSECL) entered the premises of the appellant Md. Abdul Latif, they found that he was consuming electricity by placing a hook from overhead L.T. line and running his rice mill. Thereafter, the PVC wire from the L.T. line to the motor as well as the motor was seized and complaint was lodged with the Bishalgarh Police Station on 08 -10 -2008. Thereafter, police report was filed and the learned Special Judge convicted and sentenced the accused as mentioned hereinabove. I have heard Ms. P. Ghatak, learned counsel for the appellant, and she submits that there is nothing on record to show that the seized articles belonged to the accused. She also submits that no signatures of the accused or his family members were taken on the seized articles. She also submits that there is no proof that the accused was running his mill by illicitly tapping the electricity and hence, she prays that the accused be acquitted.
(3.) AS far as the first point raised by Ms. Ghatak is concerned, in the suggestions made to the witnesses, it has been clearly suggested that both the PVC wire and the motor which were disconnected and seized at the spot belonged to Abdul Latif. A suggestion has been put that these wires and motor were seized to adjust the huge dues payable by Abdul Latif to the department. From these suggestions, the defence has admitted that Abdul Latif owed huge amount to the electricity corporation. It also stands admitted that the wire and the motor belongs to him. The purpose of maintaining proper seizure list etc. is to connect the accused with the seized items. When the accused admits that the seized items belong to him, then even if there was some defect in the seizure that will not help the accused.;
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