Anti-Power Theft Squad of the petitioner inspected the premises of the respondent and found that 93 mm cables for about 20 meters lying in the premises was long enough to connect to 100 KVA transformer without going through the electricity meter. Petitioner raised a bill of Rs.8,12,630/-. District Forum dismissed the complaint, aggrieved against which the respondent filed the appeal before the State Commission. -2- State Commission reversed the order passed by the District Forum by observing that the petitioner had failed to prove the ‘Mahazar’ which was prepared at the site as it did not produce either the scribe or the person who had witnessed the same. We agree with the view taken by the State Commission. Production of a document is one thing and proof of document is another. Petitioner failed to prove the document by producing either the scribe or the person who had witnesses the same. The State Commission is right in not taking the contents of the Mahzar into consideration as the said document was not proved in accordance with law. Apart from this, there is no evidence on record to show that the petitioner was drawing the electricity without going through the meter by connecting the wire with the 100 KVA transformer. The allegation of the petitioner was that the wire could be used for abstracting the energy without going through the meter. There is a lot of difference between ‘could be used’ and ‘was being used’. Possession of the wire by itself did not constitute offence of stealing the electricity. The petitioner has neither alleged nor proved that the respondent was -3- drawing the electricity from 100 KVA transformer without going through the meter. No ground for interference is made out. Dismissed. | 
