| Headnote |
Electricity Act, 2003: Object and reasons of enactment – Discussed. Electricity Act, 2003: s.126(6)(b) – Unauthorized use of electricity – Meaning of – Held: Unauthorized use of electricity means, the usage of electricity by any artificial means or by a means not authorized by the concerned person or authority or licensee; or through a tampered meter; or for the purpose other than for which the usage of electricity was authorized; or for the premises or areas other than those for which the supply of electricity was authorized – Thus, use of energy through tampered meter is included in the definition of unauthorized use of electricity. Electricity Act, 2003: s.126(1) – Power of authorities to make assessment under s.126(1) to assess the loss of energy where electricity is used through tampered meter – Held: The authorities under the Act are empowered to make a provisional and final assessment by invoking power under s.126(1) of the Act, even in cases where electricity is unauthorisedly used by way of theft. Electricity Act, 2003: s.126(1) – Criminal complaint of theft of energy – Whether criminal complaint and assessment proceedings under s.126(1) can go simultaneously – Held: Whenever there is allegation of theft of energy committed by the consumer, even after lodging a police complaint for commission of such offence, it is always open for the authorities to make provisional and final assessment to recover loss of energy in exercise of power under s.126(1) of the Act.Electricity Act, 2003: s.126 and s.135 – Distinction between – Held: s.126 forms part of the scheme which authorizes electricity supplier to ascertain loss in terms of revenue caused to it by the consumer by his act of “unauthorized use of electricity” whereas s.135 deals with offence of theft if he is found to have indulged himself in the acts mentioned in clauses (a) to (e) of sub-section (1) of s.135 of Act. Electricity Act, 2003: s.126, 135, 154 – Proceedings under s.126(1) and under s.154(5) – Held: Power conferred on authorities for making assessment under s.126(1) of the Act and power to determine civil liability under s.154(5) of the Act, cannot be said to be parallel to each other – In a given case where there is no theft of energy, amounting to unauthorized use of energy, in such cases no complaint of theft can be lodged as contemplated under s.135 of the Act – In such cases for loss of energy, on account of unauthorized use of energy not amounting to theft, it is always open for the authorities to assess the loss of energy by resorting to power under s.126(1) of the Act – In cases where allegation is of unauthorized use of energy amounting to theft, in such cases, apart from assessing the proceedings under s.126(1) of the Act, a complaint also can be lodged alleging theft of energy as defined under s.135(1) of the Act – In such cases, the Special Court is empowered to determine civil liability under s.154(5) of the Act – On such determination of civil liability by the Special Court, the excess amount, if any, deposited by the petitioner, is to be refunded to the consumer – It is a settled principle that to prove the guilt of the accused in a criminal proceeding, authorities have to prove the case beyond reasonable doubt and the element of mens rea is also to be established – On the other hand, such a strict proof is not necessary for assessing the liability under s.126(1) of the Act. Electricity Act, 2003: s.154 – Procedure and power of Special Court – The Special Court is empowered to convict the consumer and impose a sentence of imprisonment – The Special Court, in cases, where a criminal complaint is lodged, is also empowered to determine civil liability under s.154(5) of the Act – As per s. 154(6) of the Act, in case civil liability so determined by the Special Court is less than the amount deposited by the consumer or the person, the excess amount so deposited by the consumer or the person, shall be refunded by the licensee or the concerned person, as the case may be – Merely because the Special Court is empowered to determine civil liability under s.154(5) of the Act, in cases where a complaint is lodged, it cannot be said that there is no power conferred on authorities to make provisional assessment/final assessment under s.126 of the Act. |
