S. B. SINHA, C. J.

( 1 ) IN this Writ Petition, the applicability of section 39 of Indian Electricity Act as amended by the Indian Electricity (Andhra pradesh Amendment ) Act, 2000 is in question.

( 2 ) THE petitioners who are running a flour mill in Secunderabad area had been facing criminal prosecution for alleged commission of offence of theft of electric energy punishable under Sections 39 and 44 of the Indian Electricity Act, 1910, (for short the Act ) in pursuance of a complaint lodged by the Inspector of Police, Vigilance and A. P. T. S. Tech, A. P. TRANSCO, hyderabad, on 24-6-1999. A charge-sheet had been filed under Sections 39 and 44 of the Act on 6-10-1999.

( 3 ) THE III Metropolitan Magistrate, hyderabad, took cognizance of the said case and trial of the case was proceeded with in terms of Criminal Procedure Code. The learned Magistrate examined P. Ws. 1 to 4.

( 4 ) WHILE the matter stood thus, on or about 28-9-2000, the State of Andhra pradesh, however, brought an amendment to the Act called the Indian Electricity (Andhra Pradesh Amendment) Act, 2000 which was published in the Official Gazette on 2-11-2000.

( 5 ) BY reason of the said Amendment, in section 39 of the Act which deals with theft of energy, for the words"imprisonment for a term which may extend to three years or with fine which shall not be less than one thousand rupees, or with both",the words"imprisonment for a term which may extend to five years but which shall not be less than three months and with fine which may extend to fifty thousand rupees but which shall not be less than five thousand rupees"were substituted. The following proviso was also added to Section 39 of the said Act:"provided that a person on his conviction for an offence punishable under this Act shall be debarred from getting any supply of energy for a period of two years. "

( 6 ) BY reason of Section 39-A as amended, an Officer or employee of an Electricity utility who abets an offence may also be proceeded with for the offence. Section 49-B of the Amendment Act provides for compounding of offences. Section 49-C of Amendment Act, 2000 provides for constitution of Special tribunals for one or more districts headed by a District and Sessions Judge to try the offences under the Act speedily, which are also empowered to determine the compensation to be awarded to the electricity utility upto the value of Rupees five lakhs. A proviso has been appended to sub-section (1) of Section 49-C, in terms whereof the Special Tribunal, for reasons to be recorded by it, may transfer a case to the Special Court constituted under section 49-D for its decision in the matter. Under sub-section (2) of Section 49-C an appeal has been provided to the Special court within a period of sixty days. Subsections (3), (4), (5) and (7) of Section 49-C of the said Act read thus: (3) Every finding of the Special tribunal with regard to any alleged act of theft of energy shall be conclusive proof of the fact of theft of energy and shall be binding on the person or consumer concerned. (4) It shall be lawful for the special tribunal to pass an order in any case decided by it awarding compensation in terms of money for theft of energy which shall not be less than an amount equivalent to twelve months assessed quantity of the energy committed theft of at three times of tariff rate applicable to the consumer or person as per guidelines prescribed by State government form time to time and the amount of compensation so awarded shall be recovered as if it were decree of a civil Court. Provided that the Special Tribunal shall, before passing an order under this sub-section, give to the consumer or person an opportunity of making his representation or of adducing evidence, if any, this regard and consider every such representation and evidence. (5) Any case pending before any Court or other Authority immediately before the commencement of the indian Electricity (Andhra Pradesh amendment) Act, 2000, as would have been within

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