A PIL filed in the division bench of the Gujarat high court on Thursday challenged the act of an electricity company to book its consumers under section 135.
A PIL filed in the division bench of the Gujarat high court on Thursday challenged the act of an electricity company to book its consumers under section 135 and register an FIR against them for mere indication of electricity theft. Section 135 entails criminal liability under the Electricity Act.
Arguing for the petitioner, MM Dave, his counsel Bhushan Oza told the court that Paschim Gujarat Vij Company Ltd (PGVCL) had installed anti-electricity theft devices inelectricity meters.
The petitioner had worked with PGVCL for 22 years and had examined close to 1lakh meters.
Oza told the court that when the electricity meter showed a particular reading (9496), the company would book the consumer for electricity theft as according to them the meter showed this number only when it was tampered with.
Oza then told the court that this number could also arrive in case of electricity fluctuation.
“Whether the meter has been tampered with can be known from laboratory tests of the same. But even without getting the meters tested, the company filed FIRs against the consumers whose meters showed the specific number,” Oza told the court.
He added that of the 700 cases, there were only five cases where tampering of the meter was actually proved. The petitioner had further alleged that this practice was going on only in the western part of the state.
The bench of acting chief justice Bhaskar Bhattacharya and justice JB Pardiwala has issued a notice returnable in June. The chief justice also said that it was not appropriate on the part of the company to book consumers under section 135 on the basis of a mere doubt.
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