Summary trial departure is a curable irregularity where no prejudice is shown in food adulteration prosecution.

Under section 16A of the Prevention of Food Adulteration Act, summary trial is contemplated for section 16(1) offences, but the Magistrate may depart from that procedure after hearing the parties and recording reasons. The article notes that an accused has no vested right to insist on summary trial, particularly where the case was instead tried as a warrant case with full opportunity to cross-examine witnesses and participate throughout. Because the objection was raised only at the end of trial and no prejudice or failure of justice was shown, the departure was treated as a curable irregularity rather than a fatal illegality, and a fresh summary trial was not granted.

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Issues: Whether conducting the prosecution for an offence under section 16(1) of the Prevention of Food Adulteration Act, 1954 as a warrant case instead of a summary trial, without first recording an order under section 16A after hearing the parties, vitiated the trial and entitled the accused to a de novo summary trial.

Analysis: Section 16A contemplates summary trial of offences under section 16(1) by a specially empowered Magistrate, but it also permits departure from the summary procedure where the Magistrate, after hearing the parties, records reasons that a longer sentence may be required or that summary trial is otherwise undesirable. The procedural scheme was read with the general principles governing summary trials and irregular proceedings under the Code of Criminal Procedure, 1973. The Court held that the accused had no vested right to insist on summary procedure, especially where the case had in fact been tried by the more elaborate warrant-case procedure, with full opportunity to cross-examine witnesses and participate throughout. The objection was raised only at the fag end of the trial, and no prejudice or failure of justice was shown. The Court further treated the departure from the summary procedure as, at best, a curable irregularity rather than a fatal illegality.

Conclusion: The failure to follow the summary procedure did not vitiate the proceedings, and the request for a fresh summary trial was rejected.

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