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[Cites 0, Cited by 0] [Section 17] [Entire Act]

State of Gujarat - Subsection

Section 17(3) in The Essential commodities act 1955

(3)Notwithstanding anything to the contrary contained in 1[the Code of Criminal Procedure, 1973 (2 of 1974),] there shall be no appeal by a convicted person in any case tried summarily under this section in which the Magistrate passes a sentence of imprisonment not exceeding one month, 2[and of fine not exceeding two thousand rupees] whether or not any order of forfeiture of property or an order under 3[section 452] of the said Code is made in addition to such sentences, but an appeal shall lie where any sentence 4*** in excess of the aforesaid limits is passed by the Magistrate. 5 [(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.]