JUDGMENT :

(Sabyasachi Bhattacharyya, J.) :

1. The petitioner has preferred a challenge to the vires of Sections 126 and 135 of the Electricity Act, 2003 (hereinafter referred to as “the 2003 Act”). The other reliefs sought are entirely consequential to the same, primarily seeking a quashing of the FIR lodged in connection with the steps taken by the respondent no. 1, West Bengal State Electricity Distribution Company Limited (WBSEDCL) pursuant to the said provisions.

2. Learned counsel for the petitioner argues that Section 45 of the 2003 Act provides for the levy of electricity charges, which includes the actual charges for supply, a fixed charge in addition to the charge and rent or other charges in respect of electric meter or electrical plant provided by the Distribution Licensee. The said Section permits the Distribution Licensee to charge “prices” in accordance with such tariff as fixed from time to time fixed and conditions of the licence.

3. Section 126 starts with the heading “Assessment” and envisages computation of actual electricity charges, which is a compulsory money exaction from the citizen on actuals. While Section 45 contemplates the actual consumption of electri