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    <title>1988 (11) TMI 242 - MADRAS HIGH COURT</title>
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    <description>Process in a prosecution under the Essential Commodities Act must follow judicial satisfaction that there is sufficient ground to proceed against each accused, and issuance of summons cannot be mechanical. Where the statutory scheme requires trial before the Special Court, a Magistrate should not continue with the complaint; it must be dealt with afresh by the competent Special Court. The material also notes that in summary proceedings the substance of the accusation must be made clear, and a formal charge may be desirable where the punishment can include imprisonment. The summons issued by the Magistrate were therefore annulled and the complaint was sent to the Special Court for de novo consideration.</description>
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    <pubDate>Thu, 10 Nov 1988 00:00:00 +0530</pubDate>
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      <title>1988 (11) TMI 242 - MADRAS HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=74563</link>
      <description>Process in a prosecution under the Essential Commodities Act must follow judicial satisfaction that there is sufficient ground to proceed against each accused, and issuance of summons cannot be mechanical. Where the statutory scheme requires trial before the Special Court, a Magistrate should not continue with the complaint; it must be dealt with afresh by the competent Special Court. The material also notes that in summary proceedings the substance of the accusation must be made clear, and a formal charge may be desirable where the punishment can include imprisonment. The summons issued by the Magistrate were therefore annulled and the complaint was sent to the Special Court for de novo consideration.</description>
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      <pubDate>Thu, 10 Nov 1988 00:00:00 +0530</pubDate>
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