Substitution of new section for section
12.
SKC. 1] THE GAZETTE OF INDIA EXTRAORDINARY "12. Notwithstanding anything contained in section 29 of the Code of Criminal Procedure, 1973, it shall be lawful for any Metropolitan Magistrate, or any Judicial Magistrate of the first class specially empowered by the State Government in this behalf, to pass a sentence of fine exceeding five thousand rupees on any person, convicted of contravening any order made under section 3.".
2 of 1974 Special provision regarding fine,
11. In section 12A of the principal Act,— Amend-' ' ment of section
12A.
(a) in sub-section (1), for the words "any essential commodity", the words, brackets, letter and figure "any essential commodity [not being an essential commodity referred to in clause (a) of sub-section {2)1" shall be substituted;
(b) for sub-section (2), the following sub-section shall be substituted, namely: — "(2) Notwithstanding anything contained in the Code of Criminal Procedure, 1973, all offences relating to— 2 of 1974.
(a) the contravention of an order made under section 3 with respect to—
(i) cotton or woollen, textiles; or
(ii) foodstuffs, including edible oilseeds and oils; or (Hi) drugs; and (fc>) where any notification issued under sub-section (1) in relation to a special order is in force, the contravention of such special order.
shall be tried in a summary way and by a Judicial Magistrate of the first class specially empowered in this behalf by the State Government or by a Metropolitan Magistrate and the provisions of section 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 Magistrate 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 Magistrate 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 Magistrate 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 rc-hcar the case in the manner provided by the said Code,";
(c) in sub-section (3),—
(i) for the words and figures "the Code of Criminal Procedure, 1898", the words and figures "the Code of Criminal Procedure, 1973" shall be substituted;
5 of 1898.
2 of 1974.
45$ THE GAZETTE OF INDIA EXTRAORDINARY [PART 11—
(n) for the words "or of fine not exceeding two thousand rupees, or both", the words "and of fine not exceeding two thousand rupees" shall be substituted;
(iii) for the word and figures "section 517", the word and figured "section 452" shall be substituted;
fit?) the words "of imprisonment or fine" shall be emitted;
(d) for sub-section (4), the following sub-section Shall be Substituted, namely:— "(4) All cases relating to the contravention of an order referred to in clause (a) of sub-section (2), not being a special order, and pending before a Magistrate immediately before the comttienGement of the Essential Commodities (Amendment) Ordinance, 1974, and, where any notification is issued under sub-section (1) in relation to a special order, all cases relating to the contravention of such special order and pending before a Magistrate immediately before the date of the issue of such notification, shall, if no witnesses have been examined before such commencement or the said date, as the case may be, be tried in a summary way under this section, and if any such case is pending before a Magistrate who is not competent to try the same in a summary way under this section, it shall be forwarded to a Magistrate so competent.".