EMKAY ALLOYS P LTD Vs. STATE

JUDGEMENT

(1.) THE accused who faces charges in Charge Sheet No,28 of 2004 dated 11.04.2004 pending on the file of the Judicial Magistrate Court No.I, Gobichettipalayam, for the alleged offences punishable under Section 135(1)(b) and 138(a) and (d) of the Electricity Act, 2003 (after the amendment of Electricity Act, 2003 came in force on 10.06.2003) are the petitioners herein.

(2.) THE learned counsel for the petitioners would submit that as per Section 154 of the Act, every offence punishable under Sections 135 to 139 of the Act is to be tried by a Special Court constituted under the said Act and therefore, the Charge Sheet No,28 of 2004 dated 11.04.2004 pending on the file of the Judicial Magistrate Court No.I, Gobichettipalayam has to be transferred to the Principal District Court, Erode, who has been designated as the Special Court under the Electricity Act, 2003 as per the Tamil Nadu Rules and Notification under Section 153 of the Act.