The High Court has the power to interfere with the finding of civil liability determined by the Special Court under the Electricity Act.

1. Heard on admission.

2. By this petition, filed under Article 226 of the Constitution, the Petitioner has prayed for quashing of judgment dated 10-8-2010, Annexure P4. passed in Special Case No. 1/2007 by the Special Court. (Electricity Act). Khandwa, insofar as it relates to determining his civil liability.

3. On 26-4-2006 a team of Vigilance Cell of Madhya Pradesh Western Area Electricity Distribution Company, Khandwa, during inspection found the Petitioner committing theft of electricity for the purposes of running a motor grinding mill (Chakki). The Petitioner was, therefore, prosecuted for offences under Sections 135 and 138 of the Indian Electricity Act (in short, "the Act") in the Special Court. The Special Court by judgment dated 10-8-2010 convicted the Petitioner under Sections 135 and 138 of the Act and sentenced him for a period of six months rigorous imprisonment and a fine of Rs. 5,000/- on both counts. The Special Court also determined the civil liability of Rs. 1,05,075.94 against the Petitioner. Aggrieved, the Petitioner has filed Criminal Appeal No. 1715/2010 in the High Court which is pending. Along with the appeal, he also filed two applications - one for suspension of sentence and the other for staying the operation of judgment to the extent it relates to civil liablity. A learned Single Judge by order dated 8-9-2010, Annexure P5, has admitted the criminal appeal for final hearing. The learned Judge has also allowed the application for suspension of sentence but dismissed the application in respect of civil liability of the Petitioner with a liberty for its filing before the appropriate forum. It appears that the learned Single Judge was of the view that in criminal appeal, no relief can be granted to the Petitioner against the determination of civil liability by the Special Court. It is in this background the Petitioner has filed the present petition.

4. The question, therefore, which calls for our consideration is whether the High Court, while exercising powers of an appellate Court conferred under Section 156 of the Act, can interfere with the finding of civil liability arrived at by the Special Court against a person in terms of money for theft of electricity.

5. Part XV of the Act deals with Special Courts and appellate and revisional powers of the High Court against the judgment or order of Special Court. Section 153 provides for the constitution of Special Courts by the State Government to ensure speedy trial of offences referred to in Sections 135 to 139. Section 154 states about the procedure and power of Special Court.

6. The relevant extract of Section 154 reads as under:

154. Procedure and power of Special Court.-

(1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974). every offence punishable under Sections 135 to 139 shall be triable only by the Special Court within whose jurisdiction such offence has been committed.

(5) The Special Court may determine the civil liability against a consumer or a person in terms of money for theft of energy which shall not be less than an amount equivalent to two times of the tariff rate applicable for a period of twelve months preceding the date of detection of theft of energy or the exact period of theft if determined whichever is less and the amount of civil liability so determined shall be recovered as if it were a decree of civil Court.

7. Section 155 of the Act provides for the powers of Special Court and it reads as under:

155. Special Court to have powers of Court of Session.- Save as otherwise provided in this Act, the Code of Criminal Procedure, 1973 (2 of 1974), insofar as they are not inconsistent with the provisions of this Act, shall apply to the proceedings before the Special Court and for the purpose of the provisions of the said enactments, the Special Court shall be deemed to be a Court of Session and shall have all powers of a Court of Session and the person conducting a prosecution before the Special Court sh