Authority: High Court of Judicature at Bombay, Criminal Appellate Jurisdiction

Order Date: 21 August 2026

Case Overview

  • Applicants: State of Maharashtra through M.S.E.D.C.L. Kalyan Police Station (Application for Leave to Appeal No. 51/2025 and No. 52/2025).
  • Respondents: Abdul Rajjak Abdul Gani Parkar (deceased), Wajid Abdul Rajjak Parkar & Anr. (in both appeals).
  • The applications seek leave to appeal against acquittal orders dated 06‑03‑2025 passed by the Special Court, Mangaon in Special MSEB Case No. 3 of 2018 (ALS 51/2025) and Special MSEB Case No. 2 of 2018 (ALS 52/2025).
  • The acquittals were on the ground that the respondents were not guilty of theft of electricity punishable under Section 135 of the Indian Electricity Act, 2003.
  • Allegations: Respondents allegedly used electricity for an ice‑factory, tampering with the meter via a remote‑control device that accessed a circuit inside the current transformer (CT) to alter meter readings.
  • Evidence claimed by the applicant: a video‑graphed raid by the flying squad showing the tampering, X‑ray of the CTs with a receipt of the X‑ray clinic, and an inspection report noting the seal on the box was in OK condition.
  • Key factual points raised:

1. Witness Mr. Arvind B. Ghase testified that the CTs were procured by the consumers, not by the applicant company.

2. The applicant asserted that the video CD and X‑ray reports were handed to the investigating officer, but these were not produced on record.

3. The respondent argued that the seal condition indicated no tampering of the meter or CT.

4. The court highlighted that modern electronic methods were used for theft, requiring high‑quality technical evidence beyond oral testimony.

5. The applicant quantified the loss due to the alleged theft as Rs 84 lakh in one case and Rs 88 lakh in the other.

6. A procedural objection was raised regarding the raid officer not belonging to the specific division, which the applicant deemed a matter of administrative convenience.

Final Outcome

  • The court allowed the applications for leave to appeal.
  • The State of Maharashtra is permitted to file appeals challenging the acquittal orders dated 06‑03‑2025 in Special MSEB Cases No. 2 and No. 3 of 2018.
  • Appeals are admitted, and the respondent’s counsel waived service in both appeals.

Topics: Electricity Theft, Legal Appeal