(1.) CRR No. 3886 of 2006, CRR No. 618 of 2007 and CRR No. 2356 of 2007 are being disposed of by this common order as the only question involved in these three applications is whether the first proviso to section 151 to the Electricity Act, 2003 which has been introduced by the Electricity (Amendment) Act, 2007 that came into force on 15th June, 2007 by a Gazette Notification of the Government of India is prospective or retrospective.
(2.) Section 151 of the Act with amendment reads as follows :
(3.) Against the petitioner in CRR No. 3886 of 2006, one Biswanath Bauri,Station Manager of Patrasayer Group Electric Supply, West Bengal State Electricity Board in the district of Bankura lodged an FIR on 14th August, 2005 alleging commission of theft and dishonest abstraction of electrical energy which is an offence punishable under section 135(l)(b)(c) of the Electricity Act, 2003. The police upon completion of investigation submitted chargesheet against the petitioners under the aforesaid section of the said Act on 30th June, 2006 and the learned Judge, Special Court under the Electricity Act, 2003 by order dated 1st August, 2006 took cognizance of offence.
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