Section 12A of ECA : Section 12A: Power To Try Summarily

Explanation using Example

Imagine a scenario where there is a sudden spike in the prices of edible oils in the market due to hoarding by some traders. The Central Government, in response to this situation and to ensure the availability of this essential commodity at reasonable prices, issues an order under Section 3 of the Essential Commodities Act, 1955, imposing stock limits on edible oils for traders.

Subsequently, a particular trader is found to be in possession of quantities of edible oil exceeding the prescribed limits. The Government decides that to promptly and effectively address this violation, the case should be tried summarily. Therefore, the Central Government issues a notification specifying this order as a special order for the purpose of summary trial under Section 12A of the Essential Commodities Act, 1955.

The trader is then tried summarily by a Judicial Magistrate of the First Class, as empowered by the State Government, who finds the trader guilty and sentences him to a fine and a short term of imprisonment. Since the sentence does not exceed one month of imprisonment and a fine of two thousand rupees, the trader has no right to appeal against the conviction as per subsection (3) of Section 12A.