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36A. Certain offences to be
tried summarily. � Notwithstanding anything contained in the Code of
Criminal Procedure, 1973, all offences under this Act, punishable with
imprisonment for a term not exceeding three years, other than an offence under
clause (b) of sub-section (1) of section 33I, 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 witness who has been examined and proceed to hear or rehear the case
in the manner provided by the said Code.
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