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1 - 10 of 12 (0.21 seconds)The Electricity Act, 2003
The Code of Criminal Procedure, 1973
State Of Gujarat vs Bai Fatima & Anr on 19 March, 1975
19.It was also argued by Ld. Counsel for accused that the seizure of
wire used for theft and preparation of inspection documents are
not shown in the video. PW3 has given detailed deposition about
removal of wire, its seizure as well as preparation of inspection
documents in the testimony sheet. Accused has not disputed the
factum of removal of the illegal wire and its seizure in connected
matter being common wire through which theft of electricity was
being committed. Theft of electricity was being committed at the
first and the second floor and accordingly both floors were booked
the FIR at hand for first floor and FIR No.86/2021 for second
floor of the premises were registered. Accordingly the illegal,
being common source of theft, was seized in FIR No.86/2021
titled as State vs Fatima. No doubt was cast upon identity of
accused visible in the video or the identity of inspected premises
except that premises number is not visible in the video. Manner of
commission of theft has been videographed/PW2. It is settled that
videography proceedings or even seizure of illegal cable or device
used for commission of direct theft is only to lend corroboration to
the oral testimony.
Section 63 in The Electricity Act, 2003 [Entire Act]
Section 41 in The Electricity Act, 2003 [Entire Act]
Section 60 in The Electricity Act, 2003 [Entire Act]
Punjab State Electricity Board & Anr vs Ashwani Kumar on 8 July, 2010
In
this regard, this Court is supported with the case law reported as
'Punjab State Electricity Board & Ors vs Ashwani Kumar,
2010 (7) SCC 569'. In this case, the Hon'ble Supreme Court of
India has made the following observations :-
Section 64 in The Electricity Act, 2003 [Entire Act]
Hiten P. Dalal vs Bratindranath Banerjee on 11 July, 2001
26.The Hon'ble Supreme Court of India, in case reported as '2001
(6) SCC 16 titled as Hiten P. Dalal vs Bratindranath
Banerjee', has laid down the law related to the rebuttal of
statutory presumption. Relevant portion of the para no.16 is
reproduced as under:-