State Of Gujarat vs Chandubha Manubhai on 13 February, 2013
Mr.
H. K. Patel, learned Additional Public Prosecutor, for the appellant
has drawn the attention of the court to a decision of this court in
the case of Gopal Chandubhai Rana Vs. State of Gujarat,
2008(3) GLR 2026, wherein, this court has held that the
procedure under sections 99 to 101 of the Code of Criminal Procedure
is not required to be followed by an officer of the Electricity
Board detecting the offence; not following the procedure under
sections 99 to 101 of the Code is an irregularity; the prosecution
case, if it is otherwise credible, cannot be thrown out on the
ground of irregularity; that in respect of an offence of theft of
electricity, the delay in lodging the complaint is not fatal to the
prosecution case; and that Rojkam by the officer detecting the
offence is admissible in evidence, as it is
not a statement before the police. It is submitted that the
reasoning given by the learned Judge is contrary to the principles
laid down by this Court in the
above-referred judgment.