CHABI RANI GHOSH Vs. CESC LIMITED

JUDGEMENT

(1.) The writ petitioner questions the validity of Golabari P.S. Case No. 149 of 2005 dated June 22nd, 2005 initiated under section 135 of the Electricity Act, 2003 and also of the disconnection of supply effected by the respondents.

(2.) Advocate for the petitioner says that alleging theft of electricity by the petitioner, as consumer within the meaning of the Electricity Act 2003, police authorities on the complaint of CESC authorities, wrongfully registered an FIR under section 135 of the Electricity Act, 2003. He contends that since, in view of provisions of section 151 of the Electricity Act, 2003, an offence committed under section 135 thereof in a non-cognizable offence, police was not competent to register the FIR and make investigation.

(3.) His further submission is that in view of section 135(4) of the Electricity Act, 2003, without obtaining a duly issued search warrant, police authorities or the authorised officer was not competent to search the premises, and seize the articles, allegedly connected with the act of theft of electricity.