JUDGMENT :

1. The petitioner has sought for a direction for refund of Rs.81,668/- along with interest, that is, the amount paid by the petitioner on account of a provisional bill raised by the West Bengal State Electricity Distribution Company Limited (WBSEDCL) on the allegation of theft.

2. Learned counsel for the petitioner contends that the only allegation made in the provisional bill dated June 18, 2007 was that, allegedly, the petitioner had consumed electricity of an entire commercial premises by bypassing of meter by tapping from the service wire through another PVC wire.

3. In the complaint made before the Inspector-in-Charge, Bankura Police Station, it was also alleged that during inspection it was found that the petitioner was consuming electricity by theft with the help of bypassing device after bypassing the meter. It is argued that theft is a common ingredient between ‘unauthorised use’ of electricity as envisaged in Section 126 of the Electricity Act, 2003 (hereinafter referred to as ‘the 2003 Act’) and Section 135 of the 2003 Act. Since the petitioner was honourably acquitted in connection with the theft case under Section 135, the petitioner is automatically exonerated