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New Delhi, 4 June 2009

Press Release

 

Highest ever sentence in a power theft case

Special Court sentences Industrialist to 4 years RI, fines Rs 75 lakh

 

  • Pooran Chand, an industrialist and a habitual power thief, sentenced to a Rigorous Imprisonment of 4 years
  • His Son Mukesh Lakra sentenced for 7 and a half month (225 days)
  • Accused owns and operates a Plastic Bicycle Wheels manufacturing unit in West Delhi
  • Hon’ble Court also imposed a cumulative fine/ civil liability of nearly Rs 1 crore on the duo – failing which they will have to undergo a further imprisonment of 6 months
  • Being a habitual offender, Special Court also debarred Pooran Chand from getting electricity from any source for 3 months
  • Accused were earlier caught by BSES Enforcement Teams stealing over 102 KW of electricity

 

In the highest ever sentence awarded in a power theft case in Delhi, the Special Court of Electricity, Dwarka, sentenced Pooran Chand Lakra – owner of a mid sized industrial unit and a habitual power thief, to Rigorous Imprisonment (RI) of 4 years. In the same case, his son Mukesh Lakra was also sentenced to a jail term of 7 and half months. In addition, the Hon’ble Court also imposed a cumulative fine/ civil liability of nearly Rs 1 crore on the duo. While Pooran Chand was fined Rs 45.96 lakh, his son Mukesh was fined Rs 22.98 lakhs. Besides the individual fines, a civil liability of Rs 30.64 lakh – to be either paid jointly or ‘severally’ was also levied on the duo. The Judgment also requires the accused to undergo Simple Imprisonment (SI) for additional 6 months, should they default in their payments.

 

Earlier, a raid carried out by a BSES Enforcement team in December 2006, had unearthed power theft of over 102 KW taking place at the plastic factory (Pole Number 4, Khasra No 76, Village Ranholla, Mundka), engaged in the manufacture of plastic bicycle wheels. The power was found to being stolen for Industrial purposes, by directly tapping into a nearby BSES LV Main, with help of a PVC Copper Wire. Two, Three phase electronic meters were also found on the premise. One meter was found ‘idle’ and disconnected and the other burnt. Investigations into the case also revealed that the site was used and occupied by Pooran Chand Lakra (User) and Mukesh Lakra (Registered Consumer).

 

Subsequently, according to the guidelines of the Indian Electricity Act 2003, a penalty of Rs 38 lakh was imposed on the accused. When the accused did not pay the penalty within the stipulated timeframe, BSES in 2007, filed a case in the Special Court. On their part, the accused pleaded not guilty and ‘claimed’ trial.

 

During the hotly contested trial, the accused tried to question the basis of the evidence presented by BSES. Further, Mukesh Lakra in order to prove that he had no association with the said premises produced a witness, supposedly Proprietor of a Transport Company, who claimed that Mukesh Lakra had been a driver in his firm for the last 10 years. And since 2003, he had purchased his own Commercial Vehicle and continued to work as a driver and he had no other business interests.

 

 

 

 

But BSES, with the help of credible evidence (including video footage) and witnesses, was able to prove that not only was Pooran Chand Lakra present in the premises at the time of the raid, but also resisted steps to remove the illegal wire. BSES also proved in the Court, that one of the meters was infact, registered in the name of Mukesh Lakra (s/o Pooran Chand Lakra) and some time back, he had also applied for load enhancement in his name, at the said premises.

 

Taking note of the evidence presented by both sides, the Court order makes several observations, including “testimony of witnesses cannot be disbelieved” and “the presence of accused Pooran Chand stands duly established”. Further, the Court order states, “Mukesh Lakra has been duly linked to the premises as he was the registered consumer and is the son of the accused…”. The Order also observes “No evidence has been led by the accused to show that the premise was in occupation of any other person”.

 

Commenting on Mukesh Lakra’s association with the premises, the Court Order observes “(Mukesh Lakra) was fully aware as to the running of the industry by his father and connived in theft of electricity.” Subsequently both the accused were convicted u/s 135 of the Indian Electricity Act.

 

Taking note that Puram Chand was a habitual power thief, and this being his 3rd conviction, he was awarded a Rigorous Imprisonment of 4 years. Mukesh Lakra, being a first time offender, was given a sentence of 7 and half months.

 

Being a habitual offender, the Court order also barred Pooran Chand from “getting any supply of electricity for a period of 3 months.

 

BSES, Delhi’s premier power distribution company, is committed to ensuring quality and reliable electricity supply to all its consumers.

 

For further information please contact:

 

Prashant Dua

Chandra P Kamat

Corporate Communications

Corporate Communications

39999870 / 9312007822

39999642/9350130304