9911796707
TMI Blog1999 (9) TMI 945X X X X Extracts X X X X X X X X Extracts X X X X ..... At this juncture this Crl. MP was filed to conduct de novo enquiry by virtue of Section 326(3) Cr.PC, as the procedure contemplated under Essential Commodities Act is summary in nature. This petition was allowed and de novo enquiry was ordered. The Public Prosecutor was directed to get the witnesses as per schedule. 3. The learned Counsel appearing for the petitioner submitted that though the law provides for summary trial the learned Special Judge adopted summons procedure in examining the witnesses. As many as eleven witnesses were examined. Their evidence verbatium was taken that is, not in, a summary way. The witnesses were elaborately cross-examined. As a matter of fact, the accused were examined under Section 313 Cr.PC also. That b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... was intended. It may be recalled with reference to objects and reasons behind Sections 260 to 265 of the New Code that in a summary trial under the provisions of the Old Code, the summons procedure used to be followed in summons cases and the warrant procedure in warrant cases as the list of offences given in Section 260 included both types of offences. That distinction, practically used to serve no useful purpose. In the New Code the procedure for trial of both kinds of offences was simplified by providing in Section 262(1) that in summary trial all cases, whether triable as a summons case or a warrant case, shall be tried by summary procedure. Summary trial, being essentially a speedy trial dispensing with unnecessary formalities or delay ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... neral principle embodied in Section 236(1) it shall have to be ascertained from the proceeding taken in the trial of a given case and the record maintained therein and thereof as to whether the procedure actually adopted is summary or ordinary. If it is seen that the evidence of the witnesses has been recorded in full together with their cross-examinations and for the formalities which are generally attributes of an ordinary trial have to been observed, technical objections were raised and decided before or during the course of preparation of the requisite record, the procedure adopted cannot be said to be that of a summary trial to which expression the non-obslante clause in sub-section (3) of Section 326 Cr.PC, were intended to be applied ..... X X X X Extracts X X X X X X X X Extracts X X X X
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