DEBENDRA KUMAR SAHOO Vs. SUPERINTENDING ENGINEER-CUM-AUTHORISED OFFICER, BALASORE ELECTRICITY CIRCLE, BALASORE

JUDGEMENT

(1.) HEARD learned counsel for the petitioner and learned counsel for the opposite parties. A subtle but interesting question, arises in this writ petition. The petitioner being the owner of an Ambassador Car, bearing No.OR -02 -M -6169, has assailed the order passed by the Authorized Officer -cum -Superintending Engineer, Electrical Circle, Balasore, on 18.06.2004 in Confiscation Case No.1/03 -04, whereby the vehicle in question has been confiscated to the State.

(2.) IN course of hearing the facts of the case are not disputed. On 21.08.2003 at 3 A.M., while a team of the police department was performing patrolling duty, they intercepted the aforesaid car and found 4 bundles of Aluminium supply line conductor together with some tools and cutting weapons. They seized the car and initiated a criminal case, bearing Bhadrak P.S. Case No.117 of 2003 for the offence under Section 3 of the Orissa Electric Supply Line Material (Unlawful Possession) Act, 1988, hereinafter referred to as "the Act of 1988" and under Section 136(6) of the Electricity Act, 2003, hereinafter referred to as "the Electricity Act" for brevity Thereafter, the matter was reported to the Authorized Officer under the Electricity Act and a confiscating proceeding was initiated.

(3.) IN course of hearing, the learned counsel for the petitioner contended that the occurrence took place on 21.08.2003. The Electricity Act has come into force on 10.06.2003. In view of the aforesaid Act, the provisions of the Act, 1988 being repugnant to the Central Statute was not in force, and therefore, any action taken by the Authorized Officer in pursuance of the Section 7 of the Act, 1988 is null and void.