- (1.) THROUGH this writ application extraordinary jurisdiction of this Court as enshrined under Article 226 of the Constitution of India has been invoked for directing the respondent no.2, Superintendent of Police, Deoghar and also respondent no.3, Officer -in -Charge of Nagar Police Station, Deoghar to get the computerized meter seized in connection with a police case tested/analyzed by a competent Testing Agency before the meter looses its memory.
(2.) IT was submitted on behalf of the petitioners that M/s. Bhagwati Rice and Floor Mills situated at Baijnathpur, Deoghar on being given electric connection by the Jharkhand State Electricity Board in LTIS category was consuming electric energy and was making payment regularly and the trend of the consumption would show that it was always on increasing side for which payment was always made but suddenly on 8.7.2009, officials of the Board laid a raid in the premises of the petitioners and on inspection, seal of the meter box put by the Board was allegedly found tampered with and on its removal, when it was examined body seal as well as terminal cover seal were allegedly found to be tampered with and hence, first information report was lodged alleging therein that the accused persons by tampering with seals has been consuming electric energy stealthily and thereby committed offence under section 135/138 of the State Electricity Act. The said case was registered as Nagar P.S. case no.216 of 2009 under section 135/138 of the State Electricity Act. It was further submitted that the raiding party admittedly never found any foreign device to disturb the meter circuit and as such, any manipulation obstructing the reading of the meter must have been recorded and stored in the electric meter which is a Tamper Proof Meter and hence, if it is tested by an expert agency, everything would come to the surface as to whether there has been any theft of the electric energy but if the Investigating Agency would cause delay in getting the electric meter tested, every reading which is in the memory of the electric meter will disappear and in that event, thereby there would be miscarriage of justice and under this situation, Investigating Agency be directed to get the reading of the meter analyzed.
(3.) HOWEVER , learned counsel appearing for the Electricity Board submitted that having found several seals fixed at the meter tampered with, case was instituted for theft of electric energy. On institution of the case the police has taken in possession of the meter in question and now the Investigating Agency would proceed with the investigation in the manner which it deems fit and proper as he is free to proceed with the investigation in its own way and under this situation, it would always be unwarranted if he is directed to investigate in a particular manner.;