LAKHIMPUR KRISHI UDYOG (P) LTD Vs. ASSAM POWER DISTRIBUTION COMPANY LTD
LAWS(GAU)-2018-8-39
HIGH COURT OF GAUHATI
Decided on August 09,2018

Lakhimpur Krishi Udyog (P) Ltd Appellant
VERSUS
Assam Power Distribution Company Ltd Respondents

JUDGEMENT

Hitesh Kumar Sarma, J. - (1.) This is an application under Section 482 of the Code of Criminal Procedure filed by Lakhimpur Krishi Udyog (P) Ltd, a private limited company represented by its Director, Sri Kamal Kumar Changkakoti, for quashing the GR Case No. 1862/14 under Section 135/138 of the Indian Electricity Act, 2003, (hereinafter referred to as the Act) pending in the Court of Addl Chief Judicial Magistrate, Lakhimpur, North Lakhimpur.
(2.) The facts of the case may be briefly summarised as follows;
(3.) The petitioner Lakhimpur Krishi Udyog (P) Ltd, is a private limited company, under the operation Udyog scheme of Govt. of Assam. The petitioner states that the flour mill was commissioned in the year 1991 and since then the industry is running without violating any provisions of law. The loans, provided by the AIDC and SBI, have been liquidated in the year 2007. The petitioner also states that it is a consumer of electricity under the respondent, Assam Power Distribution Company Ltd (APDCL) under the category HT-II industry with the connected load of 229 KW and it has been given Consumer Number 230000000036. The petitioner further states that on 22.8.2014 the Sub-Divisional Engineer of North Electrical Sub-Division inspected the metering system of the petitioner's roller flour mill and found the following; a) The paper seals on the meter body cover bearing serial No. (a) 0000478 (b) UAZ05437 (C) MTI60013 (D) 0000479 found in cut condition by sharp edged instrument. b) Cracked points are observed on the left side of the meter along the seam joining the two body covers c) The CMRI is downloading as per formed pol analysis d) Accuracy is compared with LT accucheck and found within limit e) Paper seal is newly done in the meter body cover;


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