Section 154. (Procedure and power of Special Court)

Section 154. (Procedure and power of Special Court): — (1) Notwithstanding

anything contained in the Code of Criminal Procedure, 1973, every offence

punishable under [2sections 135 to 140 and section 150] shall be triable only by

the Special Court within whose jurisdiction such offence has been committed.

(2) Where it appears to any court in the course of any inquiry or trial that an

offence punishable under sections 135 to 139 in respect of any offence that the

case is one which is triable by a Special 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 shall 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

evidence, 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 re-summon any such witness and after such further examination, crossexamination

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 Procedure, 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 provisions 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

witness 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:

Provided further that in the case of any conviction 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 any 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

disclosure of the circumstances within his knowledge relating to the offence and

to every other person concerned whether as principal or abettor in the

commission thereof, and any pardon so tendered shall, for the purposes of

section 308 of the Code of Criminal Procedure,1973, be deemed to have been

tendered under section 307 thereof.

(5) The 1[Special Court shall] 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.

(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.