(d) improperly uses the energy of a licensee; 4[ shall be punishable with imprisonment for a term which may extend to three years, or with fine which may extend to five thousand rupees, or with both] and, in the case of a continuing offence, with a daily fine which may extend to 5[ fifty] rupees; and 6[ if it is proved that any artificial means exist] for making such connection as is referred to in clause (a), 4[ or such re- connection as is referred to in clause (aa),] or such communication as is referred to in clause (b), or for causing such alteration or prevention as is referred to in clause (c), or for facilitating such improper use as is referred to in clause (d), 5[ and that] the meter, indicator or apparatus is under the custody or control of the consumer, whether it is his property or not, 6[ it shall be presumed, until the contrary is proved,] 2[ that such connection, re- connection, communication] alteration, prevention or improper use, as the case may be, has been knowingly and wilfully caused by such consumer. state comments