Section 5B in The West Bengal Criminal Law Amendment (Special Courts) Act, 1949.
5B. Power to try summarily.
(1)Where a Special Court tries any of the offences specified in item 1, in item 7 and in item 8 relating to offences specified in items 1 and 7, of the Schedule alleged to have been committed by a public servant in relation to the contravention of any special order referred to in section 12A of the Essential Commodities Act, 1955, then, notwithstanding anything contained in sub-section (1) of section 5 of this Act or section 260 of the Code of Criminal Procedure, 1898, the Special Court shall try the offence in a summary way, and the provisions of sections 262 to 265, both inclusive of the said Code shall, so 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 Special Court to pass a sentence of imprisonment not exceeding one year.(2)Notwithstanding anything to the contrary contained in this Act or in the Code of Criminal Procedure, 1898, there shall be no appeal by a convicted person in any case tried summarily under tins sccLion in which the Special Court passes a sentence of imprisonment not exceeding one month, or of fine not exceeding two thousand rupees, or both, whether or not any order under section 517 of the said Code is made in addition to such sentence, but an appeal shall lie where any sentence of imprisonment or fine in excess of the aforesaid limits is passed by the Special Court.(3)Where any notification is issued under sub-section (1) of section 12A of the Essential Commodities Act, 1 955, in relation to a special order, all cases triable summarily under this section in relation to such special order and pending on the date of the issue of such notification shall, if no witnesses have been examined before Lhesaid date, be tried by the Special Court in a summary way under this section.
