Section 12A — Power to try summarily.

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[12A. Power to try summarily.―(1) If the Central Government is of opinion that a situation has 

arisen where, in the interests of production, supply or distribution of 
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[any essential commodity not 

being an essential commodity referred to in clause (a) of sub-section (2)] or trade or commerce therein 

and other relevant considerations, it is necessary that the contravention of any order made under 

section 3 in relation to such essential commodity should be tried summarily, the Central Government 

may, by notification in the Official Gazette, specify such order to be a special order for purposes of 

summary trial under this section, and every such notification shall be laid, as soon as may be after it is 

issued, before both Houses of Parliament: 

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[Provided that― 

(a) every such notification issued after the commencement of the Essential Commodities 

(Amendment) Act, 1971, shall, unless sooner rescinded, cease to operate at the expiration of two 

years after the publication of such notification in the Official Gazette; 

(b) every such notification in force immediately before such commencement shall, unless 

sooner rescinded, cease to operate at the expiration of two years after such commencement: 

Provided further that nothing in the foregoing proviso shall affect any case relating to the 

contravention of a special order specified in any such notification if proceedings by way of summary 

trial have commenced before that notification is rescinded or ceases to operate and the provisions of 

this section shall continue to apply to that case as if that notification had not been rescinded or had not 

ceased to operate.] 

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[(2) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974) 

all, offences relating to― 

(a) the contravention of an order made under section 3 with respect to― 

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*   *   *   *  * 

(ii) foodstuffs, including edible oilseeds and oil; or  

(iii) drugs; and 

(b) where any notification issued under sub-section (1) in relation to a special order is in 

force, the contravention of such special order, 

shall be tried in a summary way by a Judicial Magistrate of the First Class specially empowered in 

this behalf by the State Government or by a Metropolitan Magistrate 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 Magistrate 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 Magistrate 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 Magistrate 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 

re-hear the case in the manner provided by the said Code.] 

(3) Notwithstanding anything to the contrary contained in 
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[the Code of Criminal Procedure, 1973 

1973 (2 of 1974),] there shall be no appeal by a convicted person in any case tried summarily under 

                                                      
1. Ins. by Act 47 of 1964, s. 2. 

2. Subs. by Act 30 of 1974, s. 10, for “any essential commodity” (w.e.f. 22-6-1974).  

3. Added by Act 66 of 1971, s. 5 (w.e.f. 23-12-1971).  

4. Subs. by Act 30 of 1974, s. 10, for sub-section (2) (w.e.f. 22-6-1974). 

5. Sub-clause (i) omitted by Act 54 of 2006, s. 5 (w.e.f. 12-2-2007). 

6. Subs. by Act 30 of 1974, s. 10, for “the Code of Criminal Procedure, 1898 (5 of 1898)” (w.e.f. 22-6-1974). 



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this section in which the Magistrate passes a sentence of imprisonment not exceeding one 

month, 
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[and of fine not exceeding two thousand rupees] whether or not any order of forfeiture of 

property or an order under 
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[section 452] of the said Code is made in addition to such sentences, but 

an appeal shall lie where any sentence 
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*** in excess of the aforesaid limits is passed by the 

Magistrate. 

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[(4) All cases relating to the contravention of an order referred to in clause (a) of sub-section (2), 

not being a special order, and pending before a Magistrate immediately before the commencement of 

the Essential Commodities (Amendment) Act, 1974, and, where any notification is issued under sub-

section (1) in relation to a special order, all cases relating to the contravention of such special order 

and pending before a Magistrate immediately before the date of the issue of such notification, shall, if 

no witnesses have been examined before such commencement or the said date, as the case may be, be 

tried in a summary way under this section, and if any such case is pending before a Magistrate who is 

not competent to try the same in a summary way under this section, it shall be forwarded to a 

Magistrate so competent.]