RAKESH KUMAR JAIN, J.

1. Before I delve into the facts of this case it would be apt to refer to the provisions of the Electricity Act, 2003 [for short ‘the Act’] which are invoked by both the sides. The Act envisages penalty upon a consumer in two circumstances, namely, unauthorized use of electricity [for short ‘the UUE’] and theft of electricity. Part XII of the Act deals with the ‘Investigation and Enforcement’ which also includes the provisions regarding UUE and Part XIV of the Act deals with the ‘Offences and Penalties’ in respect of theft of electricity.

2. In the case of UUE, provisions of Sections 126 & 127 of the Act are invoked both by the licensee and the consumer and in case of theft of electricity Sections 135 & 151 of the Act are invoked. Part XV of the Act deals with the ‘Special Courts’ providing a remedy to the consumer, who is saddled with the liability of having committed a criminal offence of committing theft of electricity, to approach the Special Court constituted under Section 153 of the Act for which the procedure is provided under Section 154 of the Act. The relevant provisions of the Act for the decision of this case are reproduced as under:-

“Secti