Judgment : This application is directed against an order whereby the learned Judge, Special Court, under the Electricity Act rejected the petitioner’s application under Section 157 of the Indian Electricity Act, 2003. Heard the learned Counsel appearing on behalf of the petitioner. Perused the impugned order as well as the other materials on record. It appears from the record that on 17th of March, 2005 a case under Section 134(1)(b) of the Electricity Act was registered against the petitioner on the allegation that on a surprised raid it was found that the petitioner was drawing electricity from a meter which was earlier disconnected and in connection with which a case for an offence punishable under Section 138(1)(b) of the Indian Electricity Act is pending. The investigation of the criminal case, out of which the application for review under Section 157 of the Indian Electricity Act, 2003 arose, has already ended in charge sheet and only thereafter the petitioner filed the above application for review under Section 157. The said provision is reproduced below: “157. Review – The Special Court may, on a petition or otherwise and in order to prevent miscarriage of justice, review its judgment or order passed under Section 154, but no such review petition shall be entertained except on the ground that it was such order passed under a mistake of fact, ignorance of any material fact or any error apparent on the face of the record. Provided that the Special Court shall not allow any review petition and set aside its previous order or judgment without hearing the parties affected.” It appears that review was sought for only on the ground that taking cognizance of an offence punishable under the Electricity Act by the learned Judge, Special Court, under the Electricity Act is wholly illegal and without jurisdiction because according to the provisions as was prevalent at the time of commission of the offence taking cognizance of such offence was only permissible on a complaint made to the Court by an authorized officer and not on a police report. It is further contended the amended provisions of the Electricity Act whereby the Special Court is now empowered to take cognizance on a police report was enacted long after the commission of the alleged offence and as such in the case in hand the Special Court is not authorized to take recourse to that.
It is further contended the amended provisions of the Electricity Act whereby the Special Court is now empowered to take cognizance on a police report was enacted long after the commission of the alleged offence and as such in the case in hand the Special Court is not authorized to take recourse to that. It is further urged that the ratio of the decision of Ajoy Kumar Ghosh versus State of West Bengal reported in 2007 (2) C Cr. LR (Cal) 467 has no manner of application in the facts and circumstances of the case in question and the learned Court below had wrongly relied upon the same. Now, on a bare looking to the provisions of Section 157 of the Act, it appears that such an application for review can only be entertained when it is found that such order was passed under a mistake of fact, ignorance of material fact or there is any error apparent on the face of the record. It is true that in the present case the date of occurrence was 17th of March, 2005 and cognizance on charge sheet was taken on 2nd of June, 2007, when according to the provisions of the Electricity (before amendment) the Court was authorized to take cognizance of any offence punishable under the said Act only on a complaint in writing made by an authorized officer and not on a police report. It is also true the Electricity (Amendment) Act, 2007 came into force on and from 15th June, 2007 after the cognizance was taken. The Electricity (Amendment) Act, 2007 by inserting Section 151B made all offences punishable under Section 135 to 140 or Section 150 cognizable and non-bailable. After such amendment there is no legal prohibition for a Court to take cognizance of the aforesaid offences punishable under the Electricity Act. Subsequent to that amendment a question arose whether those amended provisions will operate retrospectively or not.
After such amendment there is no legal prohibition for a Court to take cognizance of the aforesaid offences punishable under the Electricity Act. Subsequent to that amendment a question arose whether those amended provisions will operate retrospectively or not. In the case of Ajoy Kumar Ghosh versus State of West Bengal (supra) the entire controversy resolved and a Single Bench of this Court held that the amendment would operate retrospectively from the date when the Electricity Act, 2003, was enacted, i.e., from the time relates back to the time when the principal Act was enacted and the Electricity (Amendment) Act, 2007 being retrospective in operation would permit the Court to take cognizance of offences punishable under the said Act on the police report in respect of all pending cases where charge sheet has been filed but case has not reached its logical conclusion. In view of above, I do not fine any mistake in the order impugned accordingly this application stands dismissed as without any merit. Office is directed to communicate this order to the Court below at once and the learned Judge, Special Court under the Electricity Act and Additional District and Sessions Judge, Burdwan is directed to proceed with the trial at once and he is further directed to take necessary steps in this regard in coming two weeks and conclude the trial within 6 months. He shall proceed on day-to-day basis and strictly in terms of Section 309 CrPC and no adjournment shall be granted either of the parties except for the reasons which may justify granting of adjournments for ends of justice.