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THE ELECTRICITY= ACT, 2003

 

PART – XV

SPECIAL COURTS

 

Constitution of Special Courts

 

153.

(1) The State Government may, for the purposes of providing speedy trial of offences referred to in sections 135 to 139, by notification in the Official Gazette= , constitute as many Special Courts as may be necessary for such area or areas, as may be specified in the notification.

(2) A Special Court shall consist of a single Judge who shall be appointed by the State Government with the concurrence of the High Court.

(3) A person shall not be qualified for appointment as a Judge of a = Special Court unless he was, immediately before such appointment, an Additional District = and Sessions Judge.

(4)Where the office of the Judge of a Special Court is vacant, or such Ju= dge is absent from the ordinary place of sitting of such <= st1:address w:st=3D"on">Special Court, or he is incapacitat= ed by illness or otherwise for the performance of his duties, any urgent

= business in the Special Court shall be disposed of –

(a) by a Judge, if any, exercising jurisd= iction in the Special Court;

(b) where there is no such other Judge available, in accordance with= the direction of District and Sessions Judge having jurisdiction over the ordin= ary place of sitting of Special Court, as notified under sub- section(1).<= /o:p>

 

Procedure and power of Special Court=

 

154. <= /i>

(1) Notwithstanding anything contained in the Code of Criminal Procedure= , 1973, every offence punishable under sections 135 to 139 shall be triable only by the Special Court<= /st1:address> within whose jurisdiction such offence has been committed.

(2) Where it appears to any court in the course of any inquiry or tr= ial that an offence punishable under sections 135 to 139 in respect of any offe= nce that the case is one which is triable by a Spec= ial Court constituted under this Act for the area in which such case has arisen= , it shall transfer such case to such Special Court, and thereupon such case sha= ll be tried and disposed of by such Special Court in accordance with the provisions of this Act :

Provided that it shall be lawful for such Special Court to act on the evidenc= e, if any, recorded by any court in the case of presence of the accused before the transfer of the case to any Special Court :

Provided further that if such Special Court is of opinion that further examination, cross-examination and re-examination of any of the witnesses whose evidence= has already been recorded, is required in the interest of justice, it may resummon any such witness and after such further examination, cross-examination or re-examination, if any, as it may permit,= the witness shall be discharged.

(3) The Special Court may, notwithstanding anything contained in subsection (1) of section 260 or section 262 of the Code of Criminal Proced= ure, 1973, try the offence referred to in sections 135 to 139 in a summary way in accordance with the procedure prescribed in the said Code and the provision= s of sections 263 to 265 of the said Code shall, so far as may be, apply to such= trial :

Provided that where in the course of a summary trial under this subsection, it appears to the Special Court that the nature of the case is = such that it is undesirable to try such case in summary way, the Special Court shall recall any witn= ess who may have been examined and proceed to re-hear the case in the manner provided by the provisions of the said Code for the trial of such offence:<= o:p>

Provided further that in the case of any convic= tion in a summary trial under this section, it shall be lawful for a Special Court to pass a sentence of imprisonment for a term not exceeding five years.=

 

(4) A Special Court may, with a view to obtaining the evidence of an= y person supposed to have been directly or indirectly concerned in or privy to, any = offence tender pardon to such person on condition of his making a full and true dis= closure of the circumstances within his knowledge relating to the offence and to ev= ery other person concerned whether as principal or abettor in the commission th= ereof, and any pardon so tendered shall , for the purposes of section 308 of the C= ode of Criminal Procedure,1973, be deemed to have been tendered under section 3= 07 thereof.

 

(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 f= or a period of twelve months preceding the date of detection of theft of energy = or the exact period of theft if determined which ever is less and the amount of civil liability so determined shall be recovered as if it were a decree of = civil court.

 

(6) In case the civil liability so determined finally by the Special Court is less than the amount deposited by the consumer or the person, the excess amount so deposited by the consumer or the person, to the Board or licensee or the concerned person, as the case may be, shall be refunded by = the Board or licensee or the concerned person, as the case may be, within a fortnight from the date of communication of the order of the Special Court together with interest at the prevailing Reserve Bank of India prime lending rate for the period from the date of such deposit till the date of payment.=

 

Explanation.= - For the purposes of this section, “ civil liability” means loss or damage incurred by the Board or licensee or the concerned person, as the case may be, due to the commission= of an offence referred to in sections 135 to 139.

 

155. Save as otherwise provided in this Act, the Code of Criminal Procedure, 1973, in so far as they are not inconsistent with the provisions= of this Act, shall apply to the proceedings before the Special Court and for t= he 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 Ses= sion and the person conducting a prosecution before the Special Court shall be deemed to be a Public Prosecutor.

 

156. The High Court may exercise, so far as may be applicable, all t= he powers conferred by Chapters XXIX and XXX of the Code of Criminal Procedure, 1973, as if the Special Court within the local limits of the jurisdiction of the High Court is a District Court, or as the case may = be , the Court of Session , trying cases within the local limits of jurisdiction= of the High Court. Appeal and revision.<= /span>

 

157. The Special Court may , on a petition or otherwise and in order= to prevent miscarriage of justice, review its judgment or order passed under section 154, but

     no such review petition shall be entertained except on= the ground that it was such order passed under a mistake of fact, ignorance of = any material fact or any error apparent on the face of the record :<= /span>

Provided that t= he Special Court shall not allow any review petition and set aside its previous order or judgment without hearing the parties affected.

Explanation.- For the purpose of this Part, "Special Courts" means the Special Courts constituted under sub-section (1) of section 153.