Section 14A in The Hoarding and Profiteering Prevention Ordinance, 2000
14A. [ Summary trial. [Section 14A substituted by Ordinance VII of 2003.]
(1)Notwithstanding anything contained in section 260 of the Code of Criminal Procedure, 1989 (XXIII of 1989), a [Judicial Magistrate] empowered to act under that section may try any offence punishable under this Ordinance in a summary way under the provisions of Chapter XXII of the said Code, and shall so try any such offence unless he is of opinion that in the event of the offence being proved a sentence which he is empowered under that Chapter to impose would be insufficient.(2)Notwithstanding anything contained in section 362 of the said Code, a Magistrate trying an offence, punishable under this Ordinance, shall not record the evidence or frame a charge unless he is of opinion that, in the event of the offence being proved, a sentence against which, in accordance with the provisions of sections 404 and 411 of the said Code, no appeal lies, would be insufficient:Provided that, where at any subsequent stage of a trial, commenced in accordance with this sub-section, it appears to the Magistrate that in the event of the offence being proved such sentence as aforesaid would be insufficient, he shall recall any witness who may have been examined and proceed to rehear the case in the manner provided in the said section 362 for a case in which an appeal lies.(3)Notwithstanding anything contained in section 526 of the said Code, no decision of a Court to try any offence punishable under this Ordinance otherwise than in the summary manner provided by this section shall be valid ground on which to make an application under that section.]
