Two powerloom owners acquitted of power theft charges

Two brothers having powerloom units in Thane's Bhiwandi town who were tried in an alleged power theft case, have been acquitted by a local court for want of sufficient evidence against them.
Thane district court's Principal Judge R R Gandhi observed that the prosecution had miserably failed to prove the case against the accused brothers, therefore, giving them benefit of doubt, the court acquitted them.
According to prosecution, during an inspection by MSEB officials on November 5, 2003, the seal of the power meters of Kisangopal Narayandas Tantiya and his brother Kanhaiyalal Narayandas Tantiya was found broken and the meters tampered. The sanctioned power for both the meters was 20 HP, whereas a consumption of 38 HP from it was found.

Hence, the prosecution told the court that between July and November 6, 2003, both of them had committed theft of electricity worth Rs 76,792, punishable under sections 135 and 138 of the Electricity Act.
However, the judged noted that there is no proof that the alleged place of raid belongs to the accused persons. There is no document on record to show that the powerlooms are of the accused persons. Even prosecution has not produced on record the original application form applied for the electric connection by the accused persons at the said place.
Therefore, there is no evidence before the court to say that the accused are the customers of MSEB or they have any nexus with the alleged spot of inspection, the court further observed.

The entire investigation is of casual nature and based on the surmises which has no place in criminal jurisprudence, the judge noted while recently acquitting the two accused.