JUDGMENT

1. Heard Mr. Naik, learned Counsel for the petitioner and Mr. Awode, learned Counsel for the respondent. Rule. Rule returnable forthwith.

2. By an order dtd. 23/02/2022, while issuing notice, the contention advanced by Mr. Naik, learned Counsel for the petitioner in this regard, have been summarized as under :

(A) In a case of a penalty under Sec. 27(1) of the Consumer Protection Act, 1986, as the State Commission under Sec. 27(2) of the said Act has been conferred with the power of a Judicial Magistrate, First Class for trial of offence under the said Act, and the State Commission shall be deemed to be a Judicial Magistrate, First Class for the purpose of the Cr.P.C., by virtue of Sec. 27(3) of the said Act, all offences under the said Act of 1986, are to be tried summarily.

(B) In view of Sec. 27(2) and (3) of the said Act, the offences which are punishable under Sec. 27(1) of the said Act shall have to be tried in a summary manner, as contemplated by Sec. 260 of the Cr.P.C., and Sec. 262(1) of Cr.P.C. directs that the procedure specified in the Code for the trial of summons cases shall be followed for a summery trial under Sec. 260 of Cr.P.C., except as otherwise indicate