w w w . L a w y e r S e r v i c e s . i n



Gopal Sao v/s State of Bihar


Company & Directors' Information:- GOPAL CO PVT LTD [Strike Off] CIN = U00513MP1948PTC000460

    Decided On, 08 January 2007

    At, High Court of Bihar

    By, THE HONOURABLE MR. JUSTICE S.P. SINGH

    For the Appearing Parties: --------



Judgment Text

S.P. SINGH, J.

(1.) Heard learned counsel for the parties By instant quashing application under Section 482 Cr.P.C. the petitioners seek modification of the order dated 26.9.06 passed by the learned session Judge in A.B.P. NO. 3668/06, arising out of Maner P.S. Case No. 175/06 under Section 39/44 of the Indian Electricity Act read with Section 379 of the Indian Penal Code.

(2.) The prosecution case in short is that the petitioners committed theft of electrical energy caused loss of Rs. 15,000/- each to the Board. It was alleged that the petitioners were consuming one kilowatt electrical energy stealthily by tapping wire by main LT line. The petitioners, apprehending their arrest, moved the sessions Judge for anticipatory bail wherein they showed their willingness and readiness to deposit the loss suffered by the Board in instalments. In view of the willingness of the petitioners to deposit loss suffered by the Board, the learned sessions Judge allowed privilege of anticipatory bail on deposit of Rs. 5,000/- at the first instance within a month and thereafter to deposit remaining Rs. 25,000/- in five instalments.

(3.) The petitioner now seek modification of the abovementioned order. In so much so that they want to deposit a lesser amount of Rs. 10,000/- being compounding amount for persons engaged in (sic) using electricity for commercial purposes. In the alternative the petitioners submit that in view of Section 152 of the Electricity Act, 2003 at the most they would be liable to pay Rs. 20,000/- and as 'such Rs. 30,000/- to be deposited as ordered by the learned Sessions Judge be modified to Rs. 20,000/- The petitioners seem to go back on their undertaking and submissions made before the. learned court below. Here in this court, they want to take aid of Section 152 of the Electricity Act, 2003 which reads as follows: 152. Compounding of offences- (I) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), the Appropriate Government or any other authorised by it in this behalf may accept from any consumer or person who committed or who is reasonably suspected of having committed an offence of theft of electricity punishable under this Act, a sum of money by way of compounding of the offence as specified in the Table below:

Nature of service

1.

Industrial Service

twenty thousand rupees

2.

Commercial service

ten thousand rupees

3.

Agricultural Service

two thousand rupees

4.

Other Services

Four thousand rupees

(4.) The petitioners' case is that they are consuming electricity commercially and as such they will come under the category 2 of nature of service given in the table and as per the same they are required to deposit Rs. 10,000/- only. AS such prayer is made to modify the total amount to be deposited as per the order of the learned Sessions Judge from Rs. 30,000/- to Rs. 10,000/-or at most to Rs. 20,000/- in respect of both petitioners. It has further been submitted that both brothers ought not to have been made accused of causing loss to the Board separately, As per prosecution case source of tapping energy is from common wire.

(5.) Mr. Mihir Kumar Jha, learned senior counsel for the Board made submissions both on merits of the case as well as on issues raised. He submitted that in regard to the petitioners' submission that two brothers were committing theft of electricity through the same wire and establishment was one, could not be examined and gone into in anticipatory bail application in a threadware manner, on in this modification application in view of the specific allegation against the petitioners in the FIR. He further submitted that further minute details like period from which theft is being committed is also to be gone into us well as kilowatt quantity and the load of the electricity being used over the period. He further submitted that Section 152 referred to above under Chapter 14 under the heading Offence and Penalty is an addition to the assessment under 126 of the Electricity Act, 2003 in Part 12

INVESTIGATION AND EN FORCEMENT He further submitted that it would be useful to quote 126----1, 5 and 6. 1) If on an inspection of any place or premises or after inspection of the equipments, gadgets, machines, devices found connection or user, or after inspection of records maintained by any person, the assessing officer comes to the conclusion that such person is indulging in unauthorised use of electricity, he shall provisionally assess to the best of his judgment the electricity charges payable by such person or by any other person benefited by such use. 5) If the assessing officer reaches to the conclusion that unauthorised use of electricity has taken place it shall be presumed that such unauthorised use of electricity was continuing for a period of three months immediately preceding the date of inspection in case of domestic and agricultural services and for a period of six months immediately preceding the date of inspection for all other categories of services, unless the onus is rebutted by the person, occupier or possessor of such premises or place. 6) The assessment under this section shall be made at a rate equal to one and half times the tariff applicable for the relevant category of services specified in Sub-section (5).

(6.) He further submitted that deposit of sum of money by way of compounding of offence is only related to absolving accused of criminal offence and criminal prosecution. However, his liability for being assessed under Section 126 under the heading assessment will still subsist.

(7.) Having given my anxious consideration to the rival contentions as well as object of parts XII and XIV of the Electricity Act, I find that both Sections 126 + 152 of the Act are in addition to and independent of each other and operate in different spheres. Chapter 12 of the Electricity Act, 2003 envisages assessment of electric charge which is payable by a person who indulged in unauthorised use of the electricity through any of the illegal mode in consuming the same, Section 126(3) requires opportunity to be provded to the person concerned to file his objection in regard to such assessment. Section 126(5) states that if assessing officer reaches to the conclusion that there has been unauthorised use of electricity then there would be presumption against offender that he has been making unauthorised use of the electricity continuing for a period of 3 months immediately proceeding the date of the inspection, in case of domestic, agriculture purposes and for a period of six months for all other categories unless the same is rebutted by the officer.

(8.) The case in hand is alleged to be under category of commercial service and as such the prosecutrix in view of Section 126(5) can assume that theft of the electricity is being committed for proceeding six months unless it is rebutted in the assessment proceeding.

(9.) Section 126(6) of the Act provides for impostion of rate equal to one and half times for the relevant category. Section 126 of the Electricity Act is an (sic) code in itself which enumerates in detail the procedure regarding assessment of quantum of amount which in appropriate cases, could be assessed from a period which could date back to six months proceeding the date of inspection. The detail regarding quantity of electricity that may have been pilfered over the period may also vary. In background of aforesaid facts, the amount of theft of electricity would be much more than the compounding amount, shown in the table under Section 152 of the Electricity Act, 2003.

(10.) Thus, the object and scope of Section 126 under part XII and Section 152 compounding of offence under part XIV are independent and in addition to each other. The (sic) Act: envisages both criminal prosecution as well as Fiscal assessment. Section 152 provides an opportunity to the offence for compounding criminal prosecution by paying compounding sum of money mentioned therein in the table. Payment of such compensatory sum absolves one of rigors of criminal trial and penalty imposed therein. This in no way would absolve an offender from paying dues amount to be assessed under Section 126 as if one has been causing theft of electricity since preceeding six months of

Please Login To View The Full Judgment!

inspection unless rebutted. Thus mere compliance of Section 152 of the Act, 2003 can not end scuttle or stall the initiation or recourse to Section 126 by the authority under the Act. (11.) In the instant case, the petitioners showed their willingness and readiness to deposit the loss caused to the Board to the tune of Rs. 15,000/- each and they were allowed privilege of anticipatory bail on the undertaking that: they would deposit the amount in instalments and now the stand of petitioners resiling from their undertaking is not in line of fair practice and norms. However, the petitioners would be at liberty to raise IN APPROPRIATE PROCEEDING all their points regarding quantum of compounding amount and set off of excess amount in respect of compounding of offence, as per its provision. (12.) In the result this quashing application for modifying the order rated 26.9.06 is dismissed with the aforesaid observations.
O R







Judgements of Similar Parties

21-07-2020 Gopal Pradhan Versus State of Chhattisgarh & Others High Court of Chhattisgarh
20-03-2020 K. Palani & Others Versus R. Madana Gopal (Died) Sumathi High Court of Judicature at Madras
05-03-2020 Gopal Versus State of Maharashtra In the High Court of Bombay at Nagpur
24-02-2020 Ramchandra Gopal Konde & Others Versus The State of Maharashtra & Others High Court of Judicature at Bombay
18-02-2020 Bharat Sanchar Nigam Limited A Government of India Enterprises, Delhi & Others Versus Gopal Prasad Jaiswal High Court of Chhattisgarh
14-02-2020 State of Rajasthan Versus Ram Gopal Jaga High Court of Rajasthan
10-02-2020 Gopal Das & Others Versus The State of Tripura & Others High Court of Tripura
07-02-2020 Oil And Natural Gas Corporation V/S Krishan Gopal And Others Supreme Court of India
06-02-2020 Gopal Chandra Mishra & Others Versus The Chairman, Vananchal Gramin Bank, Dumka & Others High Court of Jharkhand
31-01-2020 Ghat Talab Kaulan Wala Versus Baba Gopal Dass Chela Surti Dass (Dead) By Lr Ram Niwas Supreme Court of India
31-01-2020 S. Gopal Versus G.R. Bellie & Others High Court of Judicature at Madras
30-01-2020 Chairman/Managing Director, U.P. Power Corporation Ltd. & Others Versus Ram Gopal Supreme Court of India
24-01-2020 C. Anwar Ali Versus T. Ramani Gopal Before the Madurai Bench of Madras High Court
22-01-2020 The State of Maharashtra Versus Gopal Ambadas Gawali High Court of Judicature at Bombay
22-01-2020 Kumari Kothoori Triveni Versus Ch. Gopal & Another High Court of for the State of Telangana
10-01-2020 Ram Gopal Versus State of U.P. High Court of Judicature at Allahabad
09-01-2020 Chakkarabani & Another Versus Gopal Gounder (deceased) & Others High Court of Judicature at Madras
08-01-2020 Chakkarabani & Another Versus Gopal Gounder(deceased) & Others High Court of Judicature at Madras
07-01-2020 United India Insurance Co. Ltd. Versus Gopal Agencies National Consumer Disputes Redressal Commission NCDRC
20-12-2019 Gopal Sarkar Versus State of West Bengal High Court of Judicature at Calcutta
17-12-2019 Gopal s/o Ramji Tajne (dead) thr. his legal heirs : & Others Versus Mukund s/o Sampat Khule (Dead) thr. his legal heirs : & Others In the High Court of Bombay at Nagpur
17-12-2019 Gopal Aggarwal Versus M/s. Metro Motors & Others National Consumer Disputes Redressal Commission NCDRC
17-12-2019 Gopal Aggarwal Versus Metro Motors & Another National Consumer Disputes Redressal Commission NCDRC
09-12-2019 M.V. Gopal (died) & Others Versus N. Rajappan High Court of Judicature at Madras
05-12-2019 Gopal Chandra Bairagi Versus Panchanan Mondal & Others High Court of Judicature at Calcutta
29-11-2019 Chumman Lal Sahu & Another Versus Gopal Ji Singh & Others High Court of Chhattisgarh
29-11-2019 Panchu Mondal @ Panchu Gopal Mondal Versus The State of West Bengal High Court of Judicature at Calcutta
14-11-2019 M/s. Sree Ramcides Chemicals Pvt. Ltd., Represented by its Managing Director, R. Gopal Versus The Additional Director General, Director General of Central Excise Intelligence, Chennai High Court of Judicature at Madras
08-11-2019 Gopal & Another Versus M/s. Lakshmi Vilas Bank Rep By It Chief Manager & Another National Consumer Disputes Redressal Commission NCDRC
08-11-2019 Gopal Metal Containers (P) Ltd., Guindy Industrial Estate, Presently at Royapuram, Represented by its Director G. Sekar Versus The Presiding Officer, II Additional Labour Court, Chennai & Another High Court of Judicature at Madras
04-11-2019 The Union of India Owning Southern Railway, Rep. by its General Manager, Chennai Versus Gopal – Died & Another High Court of Judicature at Madras
22-10-2019 M/s. Vedanta Limited Rep. By General Manager Gopal Mandelia, Sterlite Copper, Tuticorin Versus Assistant Commissioner of Income Tax Company Circle V (4) 121, Chennai & Another High Court of Judicature at Madras
27-09-2019 Gopal Versus Nagpur Municipal Corporation, Civil Lines, Nagpur through its Commissioner & Others In the High Court of Bombay at Nagpur
24-09-2019 Sri Ananta Prasad Sahu @ Sri Ananta Lal Sahu Versus Sri Gopal Sahu @ Sri Golao Lal Sahu High Court of Gauhati
17-09-2019 K. Gopal & Others Versus P. Sundaresan High Court of Judicature at Madras
16-09-2019 Gopal, (Since dead), through his legal heirs: & Others Versus Union of India, through its General Manager In the High Court of Bombay at Nagpur
12-09-2019 Gopal Versus Union of India & Another High Court of Delhi
11-09-2019 Gopal Singh Versus State of Himachal Pradesh High Court of Himachal Pradesh
28-08-2019 C.Ve. Shanmugam Versus Nakkheeran Gopal, The Editor & the Publisher, Nakkheeran Publications, Royapettah, Chennai & Another High Court of Judicature at Madras
27-08-2019 Krishan Gopal Versus Surinder Kumar Chadha & Another High Court of Delhi
27-08-2019 Sunanda Ramkrishna Ayare & Others Versus Harishchandra Gopal Parab Since deceased through his heirs & legal representatives & Others High Court of Judicature at Bombay
14-08-2019 State of Jharkhand & Others Versus Gopal Prasad Mandal Supreme Court of India
14-08-2019 Petu alias Gopal Versus The State of MP High Court of Madhya Pradesh Bench at Gwailor
09-08-2019 Gopal Prasad Singh Versus State of Bihar through Principal Secretary, Rural Development Department, Government of Bihar, Patna & Others High Court of Judicature at Patna
26-07-2019 Gopal Gupta Versus State of U.P. High Court of Judicature at Allahabad
24-07-2019 Lucknow Development Authority & Another Versus Gopal Das (Deceased) Through Lrs & Others Supreme Court of India
24-07-2019 Debabrata Dutta Versus Joy Gopal Saha & Others High Court of Judicature at Calcutta
22-07-2019 Ram Gopal & Another Versus Central Bureau of Investigation, Dehradun Supreme Court of India
18-07-2019 State of U.P. Thru. Prin. Secy., Institutional Finance & Others Versus Ram Gopal Gupta High Court of Judicature at Allahabad
16-07-2019 Asset Reconstruction Company India Limited, Mumbai Versus Abhishek Steel & Power Limited rep. by its Managing Director, Gopal Agarwal, Hyderabad & Others High Court of for the State of Telangana
11-07-2019 Oriental Insurance Company Limited Versus Gopal Debbarma & Another Tripura State Consumer Disputes Redressal Commission Agartala
01-07-2019 Nutan Gopal Prabhu Malkarnekar V/S Gopal Tandon and Others. High Court of Bombay Goa Bench
25-06-2019 Gopal Chandra Mondal & Others Versus Durgadas Rakshit & Others High Court of Judicature at Calcutta
03-06-2019 R. Chandrasekar Versus ‘Nakkheeran' Tamil Magazine, Royapettah, Chennai, Rep. By its Editor, Nakkheeran Gopal & Others High Court of Judicature at Madras
10-05-2019 Gopal Krishan Versus Super Cassettes Industries Ltd. & Others High Court of Delhi
01-05-2019 State of Uttarakhand & Others Versus Gopal Singh Bisht High Court of Uttarakhand
29-04-2019 Krishan Gopal Versus Parveen Rajput High Court of Delhi
22-04-2019 Gopal Versus State of Karnataka, Represented by SPP High Court of Karnataka
11-04-2019 Arjun Gopal & Others Versus Union of India & Others Supreme Court of India
04-04-2019 Laddu Gopal Versus State of Rajasthan Through PP High Court of Rajasthan Jaipur Bench
03-04-2019 Gopal Bhujangrao Kadam Versus State of Maharashtra, through its Secretary, Home Department, (Special) & Another In the High Court of Bombay at Nagpur
01-04-2019 K. Gopal Reddy Versus State of Andhra Pradesh, rep. by its Principal Secretary to Govt. Municipal Administration & Urban Development Dept.Guntur Dist. & Others High Court of Andhra Pradesh
29-03-2019 Nakkheeran Gopal, Editor, Publisher & Printer, Nakkheeran Publications, Chennai Versus The State Rep. by the Home Secretary, Chennai & Others High Court of Judicature at Madras
27-03-2019 In the Matter of: M/s. Asset Reconstruction Company (India) Limited Versus Gopal Krishna Raju & Another National Company Law Tribunal Chennai
20-03-2019 Commissioner of Income Tax & Another Versus Gopal Das Estates & Housing Pvt. Ltd. & Another High Court of Delhi
19-03-2019 Gopal Krishna Versus Abdul Bakai High Court of Karnataka Circuit Bench At Dharwad
19-03-2019 Nakkheeran Gopal & Another Versus Nithyeshwarananda High Court of Karnataka
18-03-2019 Gopal JI Gupta Versus Union of India & Another High Court of Delhi
15-03-2019 Sanjay Verma Versus Gopal Halwai High Court of Delhi
12-03-2019 Jai Gopal Kansal & Another Versus Indian Bank & Another High Court of Judicature at Allahabad
12-03-2019 Commissioner of Income Tax, Jaipur Versus M/s. Gopal Shri Scrips Pvt.Ltd. Supreme Court of India
05-03-2019 Dilip Kumar Naskar Versus Gopal Das & Others West Bengal State Consumer Disputes Redressal Commission Kolkata
04-03-2019 Sujit Gopal Pawan Versus The Administration, U.T. of Daman & Diu, Through Ballu Sankarbhai Patel & Others High Court of Judicature at Bombay
01-03-2019 Gopal Kumar Sao Versus State of Jharkhand High Court of Jharkhand
15-02-2019 Murarilal Agrawal & Others Versus Gopal Krishna Beriwal (Dead) & Others High Court of Chhattisgarh
05-02-2019 U.P. State Road Transport Corporation Versus Krishna Gopal Agarwal & Another High Court of Judicature at Allahabad
01-02-2019 Gopal Chandra Paul Versus State of Assam High Court of Gauhati
28-01-2019 Gopal Singh Bisht Versus Central Bureau of Investigation High Court of Delhi
28-01-2019 Gopal & Others Versus Kaleshkumari & Others High Court of Judicature at Madras
28-01-2019 Gopal & Others Versus Kaleshkumari & Others High Court of Judicature at Madras
17-01-2019 The General Manager, Network-I, State Bank of India Versus Ram Gopal Musaddi & Another West Bengal State Consumer Disputes Redressal Commission Kolkata
07-01-2019 State, Rep. by the Inspector of Police, Chennai Versus Tr. Nakeeran Gopal High Court of Judicature at Madras
07-01-2019 Sabu Trade Private Limited, Tamil Nadu, Rep by its Director Gopal Sabu Versus Rajkumar Sabu & Another High Court of Judicature at Madras
04-01-2019 Dr. Swaroop Gopal Versus Goli Venkateshwar Rao & Others National Consumer Disputes Redressal Commission NCDRC
02-01-2019 Dcit, Chennai Versus Tnr Gopal, Chennai Income Tax Appellate Tribunal Chennai
11-12-2018 Naib Singh & Others Versus Gagan Gopal & Another High Court of Punjab and Haryana
07-12-2018 Gopal Singh (Dead) by LRs. Versus Swaran Singh & Others Supreme Court of India
05-12-2018 Dr. Gopal Dass Agarwal Versus Commissioner of Income Tax High Court of Judicature at Allahabad
04-12-2018 Bharathi Nagar Kudi Irupore Nala Sangam, Rep by its Secretary A. Gopal, Chennai Versus The State of Tamil Nadu, Rep by its Secretary to Government Housing & Rural Development, Chennai & Others High Court of Judicature at Madras
03-12-2018 D. Barat Versus Ananda Gopal Maiti & Others National Consumer Disputes Redressal Commission NCDRC
30-11-2018 Madan Gopal Versus Delhi Transport Corporation Through its Chairman-cum-M.D. I.P. Estate, New Delhi Central Administrative Tribunal Principal Bench New Delhi
23-11-2018 P. Selvaraj Versus R. Gopal High Court of Judicature at Madras
14-11-2018 G. Gopal & Others Versus The Secretary, District Legal Service Authority, Chengalpattu & Another High Court of Judicature at Madras
01-11-2018 Gopal Versus Nagarajan & Others Before the Madurai Bench of Madras High Court
26-10-2018 Tammisetti Venu Gopal Versus Chennaiah & Another In the High Court of Judicature at Hyderabad
23-10-2018 Arjun Gopal & Others Versus Union of India & Others Supreme Court of India
20-10-2018 Gopal Wasudeo Gulhane Versus State of Maharashtra In the High Court of Bombay at Nagpur
16-10-2018 Ram Gopal Versus State High Court of Delhi
10-10-2018 N. Kumarasamy & Others Versus Adarsh Educational Trust, Rep. by its Chairman Dr.Gopal Surendran Adarsh Vidya Kendra, Kanyakumari District & Others Before the Madurai Bench of Madras High Court
09-10-2018 The National Insurance Co. Ltd., Divisional Office, New Delhi Versus M. Gopal & Others High Court of Judicature at Madras