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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 12-A 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, than, notwithstanding anything containing 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 tray 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 rehear the case in accordance with the procedure prescribed by the said Code for the trial of warrant cases by Magistrates.
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