The Government of the Punjab appoints Special Magistrates under S. 14A Cr.P.C for the trial of offences on price control under any Provincial law or Federal law.
S.11 of PRICE CONTROL AND PREVENTION OF PROFITEERING AND HOARDING ACT, 1977 provides for the trial of offences summarily as per provision of 262 to 265 Cr.P.C). It has the word ‘May’ which is the discretion of the presiding officer. The presiding officer can continue as regular trial. If presiding officer decide to conduct the trial summarily then following provisions of summary trial as per Cr.P.C. shall be applied.The following provisions of Criminal Procedure Code 1898 apply to summary trial by the special magistrate price control:-
Chapter XXII of summary trials s.260 to 265 of Cr.PC 1898.
a) S. 191 (2 Cr L Jour 187)
b) S. 243 (AIR 1951 All 410)
c) S. 255 (ILR (1950) Cal 85)
d) S. 257 (9 Crim L Jour 583)
e) S. 342 (AIR 1940 Bom 314)
Cognizance of the court
First of all the court will take cognizance of the offence through u/s 173 of Cr.P.C. or through a complaint u/s 190 of Cr.P.C.
In case Magistrate himself taking the cognizance under section 190 cr.p.c, he must follow the instruction contains in section 191 crpc before commencement of trial.
Process serving
Process is served to the accused. (S 204 cr.pc)
Show cause/briefing the accused about alleged offence
On appearance of the accused he be show caused as to why not he should be convicted under the concerned law for his committing of the offence(a brief of the alleged offence committed by the accused) S.263 Cr.P.C.
Formal charge sheet is not mandatory.
“S. 263 Cr.P.C dispenses with the recording of evidence and the drawing up of a formal charge where there is no appeal. From a joint reading of the above sections it is clear that although it is not obligatory to frame a formal charge, it is necessary to do so the enable the accused to understand what the matter is upon which he has to show-cause, and then to meet the case put up against him.” (1993 P.Cr.L.J. 547, 1991 P.Cr.L.J. 1012)
“Failure to frame charge in summary trial will not vitiate proceedings.”
(PLD 1954 Dacca 66)
Conviction on confession by the accused
164, S. 364, S. 533 of Cr.P.C is relevant provisions of confession.
A.37 to 43 of Qanoon e Shahadat Order 1984.
Reference Confessions and statements of accused persons, Chapter 13, Vol. III
of High Court Rules & Orders (criminal) (vol III, IV, V, VI)
U/s 364 Magistrate shall certify that examination was taken in his presence and hearing and that the record has a full and true account of the statement made by the accused.
On admission of truth of accusation, the accused be show caused u/s 243 why he should not be convicted. After recording his statement/answer under above show cause given to the accused, the court will convict the accused so.
“If the accused person pleads guilty the mandatory, provision of S. 243 and S 263 Cr.P.C. be followed.” (1984 P.Cr.L.J.)
Recording of substance of the evidence if the accused pleaded not guilty
In case the accused pleaded not guilty,substance of the evidence be record as per S.264 Cr.P.C.
“The substance of every separate deposition not be recorded, but only the substance of the evidence as a whole need be given.” (AIR 1929 Oudh 151)
“The expression “substance of the evidence” implies a judicious selection or precise of the part of the evidence which is really material. The question whether the substance of the evidence has been sufficiently recorded in a particular case depends upon aconsideration of the nature and relevance of the various pieces of evidence give in the case having regard to the issues raised or involved in the case.” (AIR 1948 Sind 59)
Statement u/s 342 of the accused
Then the court will record thestatement of accused u/s 342 Cr.P.C. If required substances of the evidence be recorded.
Judgment
In the last, the court would announce the judgment.
Maintenance of record
There are two factors in maintenance of records in summary trial cases. In case of non appeal-able cases, no record of evidence of the witnesses or formal charge. Just following information be recorded:-
a) the serial number
b) the date of the commission of the offence
c) the date of the report or complaint
d) the name of the complainant
e) the name, parentage, and residence of the accused
f) the offence complained of and the offence proved
g) the pleas of the accused and his examination
h) the finding and in case of conviction a brief statement of the reason
i) the judgment
j) the date oforder/judgment
In case of appeal-able cases, in addition to the above substance of evidence of both sides, statement u/s 342 of the accused shall also be recorded.
NON APPEAL ABLECASES IN SUMMARY TRIAL
Followings are the non appealable cases in summary trial.
- Where an accused pleaded guilty and has been convicted on such please. S. 412 Cr.P.C.
- Conviction of a sentence of fine not exceeding two hundred rupees only.
- conviction under law on price control in which Special Magistrate Price Control appointed u/s 14-A passes a sentence of fine not exceeding five thousand rupees under Price control and prevention of profiteering and hoarding act, 1977 or under any other Federal law or provincial law on the price control.
- a sentence passed in default of payment of fine when no substantive sentence or imprisonment has also been passed.