Partha Sakha Datta, J. - (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 : "151.Cognizance of offences.- No Court shall take cognizance of an offence punishable under this Act except upon a complaint in writing made by appropriate Government or appropriate Commission or any of their officers authorised by them or a Chief Electrical Inspector or an Electrical Inspector or licensee or the generating company, as the case may be for this purpose: Provided that the Court may also take cognizance of an offence punishable under this Act upon a report of a police officer filed under section 173 of the Code of Criminal Procedure, 1973 ( 2 of 1974 ): Provided further that a Special Court constituted under section 153 shall be competent to take cognizance of an offence without the accused being committed to it for trial." The further amended provisions of section 151A and section 151B read as follows:- Section 151A :- "For the purpose of investigation of an offence punishable under this Act the police officer shall have all the powers as provided in Chapter XII of the Code of Criminal Procedure, 1973." Section 151B:- "Notwithstanding anything contained in the Code of Criminal Procedure, 1973 an offence punishable under sections 135 to 140 or section 150 shall be cognizable and non-bailable."
(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.;