1. Heard learned counsel for the petitioner, Bihar State Electricity Board (hereinafter referred to as the Board) including Sri Ram Balak Mahto, the Advocate General.

2. Petitioner is the proprietor of Hero Honda motorcycle showroom at Chapra. He is also a consumer of the Board bearing Consumer No. 11815/NDS-II for the sanctioned load of 1 K.W. He is aggrieved by the action of the Junior Engineer of the Board seizing PVC wire alleging theft of electricity by the petitioner causing loss of Rs. 80,000/- for which First Information Report dated 25.12.2007 has been lodged against the petitioner. The seizure list and the First Information Report are contained in Annexures-1, 2 to this application.

3. It is submitted on behalf of the petitioner that in the light of the allegations levelled in the First Information Report he deposited a sum of Rs. 80,000/- with the Board and receipt showing such deposit is dated 26.12.2007 and is contained in Annexure-3 to this application. It is further submitted that seizure made and the First Information Report dated 25.12.2007 is contrary to the provisions of the Electricity Act, 2003 (hereinafter referred to as the Act) as amended with effec