Rakesh Kumar Jain, J. - (1.) The petitioner is a religious and charitable trust running the medical college and has an electricity connection bearing Account No.GC 51/0013NRS. It received a demand notice bearing No.1925 dated 11.01.2010 issued by respondent No.5, raising the demand of Rs. 46,13,337/- on account of theft of electricity. The petitioner challenged the said demand notice by way of Civil Suit No.37/10 titled as "Kapur Singh Babe Ke Medical College vs. Punjab State Electricity Board and others", which was dismissed by the Additional Civil Judge (S.D.), Moga on 16.12.2013. The respondents got registered FIR No.2 dated 13.01.2010, under Section 135 of the Electricity Act, 2003 (hereinafter referred to as the "Act") at Police Station Anti Power Theft, Ludhiana, in which Kapur Singh S/o Sant Nahar Singh, Chairman of the Trust, was arrayed as an accused. The Special Court, Moga, vide its judgment dated 23.12.2014, held the Chairman of the Trust guilty for the offence committed under Section 135 of the Act and by order of the same date passed on sentence, released him on probation as the petitioner had deposited the entire amount raised in the demand notice. Thereafter, the petitioner filed a petition under Section 154 of the Act before the Special Court, challenging the amount raised in the demand notice dated 11.01.2010 but the said petition was dismissed by the Special Court on 02.08.2014 for want of jurisdiction on the ground that the petitioner has the remedy to file appeal under Section 127(1) of the Act. The petitioner then filed the appeal under Section 127 of the Act before the Commissioner, Ferozepur Division, Ferozepur, which has been dismissed on merits on 10.03.2016.
(2.) Thus, the petitioner has challenged the validity of the demand notice No.1925 dated 11.01.2010, order dated 02.08.2014 passed by the Special Judge, Moga, under Section 154 of the Act and the order dated 10.03.2016 passed under Section 127 of the Act.
(3.) Counsel for the petitioner has submitted that the presumption of theft cannot be drawn only with the tampered seals of the meter and has referred to the decision of the Patna High Court in the case of Kamaljeet Singh vs. The Bihar State Electricity Board, 2011 1 RCR(Civ) 745.;