( 1 ) THE petitioner Phoolan Devi is facing prosecution under the U. P. Dacoity Affected Areas Act (U. P. Act No. 31 of 1983) (hereinafter referred to as the Act) in Sessions Trial No. 321 of 1981 and Sessions Trial No. 97 of 1984 before the Special Judge, Kanpur Dehat. She has challenged the constitutional vires of the Act as well as its applicability to her on the ground that the crimes giving rise to the aforesaid two sessions trials were committed on 14/02/1981 and 29/03/1980 which is prior to the enforcement of the Act which by virtue of Sub-Section (3) of Section 1 shall be deemed to have come into force on 22/10/1981, the date on which the U. P. Dacoity Affected Areas (Ordinance) was promulgated.

( 2 ) SRI Ramendra Asthana, learned counsel for the petitioner has submitted that the Act has created some new offences which were not in existence earlier and has provided greater punishment for the already existing offences. It lays down a different procedure for trial, a more stringent provision for grant of bail, and also provides for raising some presumption against the accused, the result whereof is that he is liable to be convicted for a more serious offence.