PIJUSH JAMATIA @ PHIJU JAMATIA Vs. STATE OF TRIPURA

JUDGEMENT

(1.) Heard Ms. Yashvi Taneja (Bhattacharjee), learned counsel appearing for the appellant as well as Mr. A. Ghosh, learned Public Prosecutor appearing for the State.

(2.) By this appeal filed under Section 374(2) of the Cr.P.C. the judgment dated 03.07.2008 delivered in Special Case No.06 of 2007, whereby the appellant has been convicted under Section 135 of the Indian Electricity Act, 2003 for committing theft of Electricity, has been challenged. The appellant has been sentenced as consequence of that conviction, to suffer RI for 2 years and fine of Rs.1,000/- in default to suffer further RI for a period of 6 months.

(3.) Ms. Bhattacharjee, learned counsel at the outset submitted that the special court has committed a serious illegality by taking cognizance of the offence based on the police report. Till 15.06.2007 when, by the Electricity (Amendment) Act, 2007 Section 151(a) has been incorporated in the Electricity Act, 2003 granting the police authority to investigate the offences under Chapter XIV of the Electricity Act, 2003 the police had no authority to investigate as cognizance was restricted to the complaint filed in the Special Court by a definite category of persons. Prior to that date, the procedure as prescribed by the statute was that "No court shall take cognizance of an offence punishable under this Act except upon a complaint in writing made by Appropriate Government or Appropriate Commission or any of their officer authorized by them or a Chief Electrical Inspector or an Electrical Inspector or licensee or the generating company, as the case may be, for this purpose".