TMI Blog1968 (4) TMI 93X X X X Extracts X X X X X X X X Extracts X X X X ..... be forfeited to the Government. 2. According to the prosecution case, on a petition filed by the members of the public before the Sub-divisional Officer, Nawada, on 13-6-1967, the Sub-divisional Officer ordered for an immediate search of the business premises occupied by the present petitioner at Par Nawada. in the town of Nawada. by two Magistrates, Sri N. C. Das and Sri. S. Prasad. These two Magistrates, thereupon, proceeded to the house of the petitioner, in a portion of which he had a grocery shop, and as a result of the search, there was recovery of five bags of imported wheat comprising 3 quintals and 13 kilograms and two bags of flour made from imported wheat comprising 63 kilograms, that is, in all 3 quintals 76 kilograms. Two ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... us points were raised on behalf of the petitioner before me by Mr. Jyoti Narain, but it is unnecessary to enter into all those points as I find that the order as passed by the learned Magistrate in the present case has got to be set aside and the case has to be remanded back for fresh trial in view of the fact that the trial is vitiated on account of non-compliance of the prescribed provisions of law. 6. As already stated, the procedure for summary trial was adopted in this case and this was due in accordance with the provisions of Section 12A of the Essential Commodities Act, 1955. Sub-section (1), of this Section provides that in case of summary trial of any offences as mentioned in this sub-section, the provisions of Chapter XXII of t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rt of the two Magistrates who had been deputed by him to search the premises of the petitioner. Hence, the procedure laid down in Section 252 onwards of Chapter XXI of the Code of Criminal Procedure (which relates to trial of warrant cases) had to be followed in the case. The main features of such a trial are that after examination of the prosecution witnesses the charge has to be framed in accordance with Section 255, and thereafter the accused has to be asked whether he is guilty or has any defence to make. If the accused refuses to plead, or does not plead, or claims to be tried, he is required to state, at the commencement of the next hearing of the case or if the Magistrate for reasons to be recorded in writing so thinks fit, forthwith ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... by the Code, but some irregularity occurs in the course of such conduct, the irregularity can be cured under Section 537. It follows, therefore, that had the procedure for trial of warrant-cases been followed in this particular case and there had been some irregularity or omission in that connection, that irregularity could have been cured in view of the provision of Sec. 537 of the Code of Criminal Procedure. 8. In the present case, the trial has been conducted by following the procedure laid down for summons-cases, and as such there cannot be any question of the irregularity being cured under Section 537 of the Code of Criminal Procedure. I may add that in such a case prejudice to the accused is writ large as he had to cross-examine ..... X X X X Extracts X X X X X X X X Extracts X X X X
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