JUDGEMENT
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(1.) On June 7, 2005 at around 12 noon the opposite party No. 2 herein Pradip Kumar Chatterjee, Assistant Engineer (E), S & L. P. Unit, Hooghly (D) Circle, W. B. S. E. B. Taldanga, Chinsurah being accompanied by other officers of W.B.S.E.B. had been to the business promises of the petitioner where the petitioner, was found running a husking mill by drawing electricity supplied by the W. B. S. E. B. through the service connection No, _'- 58, against his Consumer No. 1240417. When upon inspection of his service connection installed at the aforesaid premises, in presence of the local independent witnesses and the representatives of the consumer theft of electricity by dishonestly tampering Metre and interference with the supply line was detected.
(2.) The details of tampering detected by W.B.S.E.B. Officers are as follows;
(a) Tampering of manufacturing paper seals No. (L) 2341495 and (R) 2341495 having "VOID" marks on both sides of the Metre were detected. (b) On close inspection tampering of plastic seals was detected on Metre body and on optical port. (c) Tampered lead seal was detected on P. R. Box. (d) No seal in the Metre terminal cover. A. C. M. R. I. was used to download date from the Metre analysed through laptop at side. The Metre was then uninstalled and opened and internal inspection reveal reset soldering marks across city secondary leads of red and yellow phases and also in neutral lead inside the Metre body. The tampered evidence was photographed by S & L. P. Unit of Hooghly (D) Circle by Digital Camera. The tampered Metre with other incriminating articles were also seized under proper seizure list in present of the witnesses.
(3.) Following the discovery of the aforesaid theft of electricity by tampering the Electric Metre the opposite party No. 2 herein made a complaint in writing to the Officer-in-Charge, Gurap Police Station, Gurap, Hooghly, on the self-same day immediately after the inspection was over.;
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