The provisions of the Electricity Act, 2003, relating to search and seizure and disconnection of supply in cases of theft of electricity are valid and enforceable.

( 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.

( 4 ) ACCORDING to him, as a result, the FIR, in so far as the petitioner is concerned, is liable to be quashed.

( 5 ) I am unable to agree with him. Provision of section 151 of the electricity Act, 2003 have nothing to do with classification of the offence committed under section 135 of the Electricity Act, 2003, either as a cognizable offence or as a non-cognizable offence. They only provide the manner how, and the time when, the Court shall take cognizance of any offence committed under any provisions of the Electricity Act, 2003.

( 6 ) NEEDLESS to say that acts of the police leading to registration of an FIR and making the investigation have nothing to do with the exact stage of taking cognizance of the offence by the Court.

( 7 ) ADMITTEDLY, an offence committed under section 135 of the electricity Act, 2003 is punishable with imprisonment for three years. Hence in view of provisions of the first schedule to the Code of Criminal procedure, 1973 such an offence has to be regarded as a cognizable offence. So on receipt Of information about commission of an offence under the provision by anyone, police can register an FIR under section 154 of the Code of Criminal Procedure, 1973.

( 8 ) I also do not find any merit in the submission that in the absence of any search warrant, duly issued by the competent magistrate, police authorities and the authorised officer would not he empowered to search the premises of the consumer (here the premises of the petitioner) and seize the offending articles.

( 9 ) PROVISIONS of sub-section (2) of section 135 of the Electricity Act, 2003 distinctly empower the authorized officer to search the premises and seize the offending articles. Sub-section 4 thereof only says that provisions of the Code of Criminal Procedure, 1973, relating to search and seizure shall apply, as far as may be, to searches and seizure under the Electricity Act, 2003.

( 10 ) IN my view, when the statute gives specific power to the authorized officer to search the premises and seize the offending articles, there is no scope to say that in the absence of a search warrant, duly issued by the magistrate, the authorised officer would not be entitled to exercise the power. If such an interpretation is given, then the clear and unambiguous intention of the legislature indicated in section 135 (2) of the Electricity Act, 2003 shall simply be defeated.

( 11 ) IN such a case the police authorities, it seems to me. act only in aid of the exercise of power by the authorized officer. I do not see anything wrong if the authorised officer takes the assistance of the police authorities for the purposes of detecting a case of unauthorized use of electricity by a consumer, searching the premises in question, seizing the offending articles, etc.

( 12 ) FOR these reasons, I find no merit in the contention that the fir registered by the police authorities cannot be