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12. As per Regulation 52 (Vii) of Delhi Electricity Supply Code and Performance Standards Regulations 2007 " in case of direct theft of electricity licensee shall file the complaint within 2 days in the designated Special Court. The complaint in the present case was filed on 05.05.2009 after about 3 month of inspection. Prompt and early reporting of the occurrence by the informant with all its vivid details gives an assurance regarding truth of its version. Undoubtedly, delay in lodging the complaint does not make the complainant's case improbable when such delay is properly explained. However, unexplained delay in lodging the complaint is always fatal to the prosecution case. (Sahib Singh Vs. State of Haryana AIR 1997 SC 3247).

13. As per Regulation 52 (ix) of Delhi Electricity Supply Code and Performance Standards Regulations 2007 "the report shall be signed by the Authorized Officer and each member of the inspecting team". Infact four officers are mentioned in the complaint whereas only two members are signatory to the inspection report. The member of raiding team Sh. Krishan Kumar and Surender Page 7 CC No: 211/09 BYPL Vs. Md.Danish & Ors.

14. There is nothing on record to show as to who was the Authorized Officer competent to make this inspection. As per clause 52 (i) Delhi Electricity Supply Code and Performance Standards Regulations 2007. The licensee shall publish the list of the Authorized Officers of various districts, prominently in all the District Offices and to Photo Id Card issued to such officers shall indicate so. No such list is either placed on record for showing as to who was the authorized officer to make this inspection.

20. A special Act created always have special Page 11 CC No: 211/09 BYPL Vs. Md.Danish & Ors.

measures to avoid its misuse by the investigating agencies, so bearing in mind this principle, Delhi Electricity Supply Code and Performance Standards Regulations, 2007 were formulated. These regulations have statutory force and as per regulation 52, 53 and 54 special measures were added to protect the interest of accused / consumer in case of theft of electricity. If these regulations, are not adhered to while making a case of theft, that has a negative impact on the merit of a case.