KEDIYA VANASPATI PRIVATE LIMITED Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The five accused in C.C. No. 6 of 1977 on the file of the Chief Metropolitan Magistrate, Hyderabad are the petitioner herein.

(2.) Accused No. 1 is a private limited company in Hyderabad manufacturing vanaspathi. A-2, Banwarilal, is the director of the company. A- and A-4 are employees. A-5 is an electrician of the neighbouring village, Madannapet. They were tried on several counts and were convicted for offence under ss. 39 and 44 of the Indian Electricity Act read with ss. 379, 109 and 201, IPC, and sentenced to various terms of imprisonment and fine for theft of electrical energy and for causing disappearance of evidence.

(3.) In brief, the prosecution is as follows : On the intervening night of 15th and 16/05/1975, several officer of the Electricity Board made a surprise visit to the premises of A-1 company for detecting theft of electrical energy. After reaching the premises at 1-30 a.m. they asked the watchmen to open the gate after disclosing their identity. The watchmen left saying that he would get the permission of his master nut never returned. After waiting for some time the team of officers entered the premises through another gate and found the factory working. They found the following incriminating circumstances : 1. Electricial energy was directly being tapped avoiding recording by meter by connecting three wires from incoming Horn Gap Fuses rod to the outgoing jumpers of the metering cubicle. 2. H.G. fuses were found removed and wound on the outgoing side of the H.G. fuse horn of the rod. 3. A.B. (air brake) switch seal and lock were found missing.