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(1) Where a special Judge tries any offence specified in sub-section (1)
of section 3, alleged to have been committed by a public servant in relation to the contravention of any
special order referred to in sub-section (1) of section 12A of the Essential Commodities Act, 1955
(10 of 1955) or of an order referred to in clause (a) of sub-section (2) of that section, then,
notwithstanding anything contained in sub-section (1) of section 5 of this Act or section 260 of the Code
of Criminal Procedure, 1973 (2 of 1974), the special Judge shall try the offence in a summary way, and
the provisions of sections 262 to 265 (both inclusive) of the said Code shall, as far as may be, apply to
such trial:
Provided that, in the case of any conviction in a summary trial under this section, it shall be lawful for
the special Judge to pass a sentence of imprisonment for a term not exceeding one year:
Provided further that when at the commencement of, or in the course of, a summary trial under this
section, it appears to the special Judge that the nature of the case is such that a sentence of imprisonment
for a term exceeding one year may have to be passed or that it is, for any other reason, undesirable to try
the case summarily, the special Judge shall, after hearing the parties, record an order to that effect and
thereafter recall any witnesses who may have been examined and proceed to hear or re-hear the case in
accordance with the procedure prescribed by the said Code for the trial of warrant cases by Magistrates.
(2) Notwithstanding anything to the contrary contained in this Act or in the Code of Criminal
Procedure, 1973 (2 of 1974), there shall be no appeal by a convicted person in any case tried summarily
under this section in which the special Judge passes a sentence of imprisonment not exceeding one month,
and of fine not exceeding two thousand rupees whether or not any order under section 452 of the said
Code is made in addition to such sentence, but an appeal shall lie where any sentence in excess of the
aforesaid limits is passed by the special Judge.
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