Spicer vs Vayiyapu – clr volume 3 page 083

In the case between the complainant (appellant) and the respondent (accused), the court addressed the issue of whether a police magistrate retains jurisdiction to continue an enquiry under the Merchandise Marks Ordinance following the accused’s election for trial by the district court. It was held that upon such election, the police magistrate is rendered functus officio and lacks authority to proceed further, reaffirming the principle that an accused’s statutory right to elect a forum must be respected. This decision relied on the legislative scheme of the Merchandise Marks Ordinance and relevant procedural laws, underscoring that the exercise of an accused’s election immediately divests the police magistrate of jurisdiction, thereby ensuring procedural clarity and safeguarding the accuse