(1) 1[The Collector, or any 2[Prohibition and Excise Officer]] specially empowered in that behalf may accept from any person whose licence or permit is liable to be cancelled or suspended under clause (a) or clause (b) of sub-section (1) of section 31 3[for reasonable suspicion of his] having committed an offence falling under 4[clause (b), clause (c), or clause (g) of section 34], clause (d), clause (e), clause (f), clause (g) or clause (h) of section 36; clause (b), clause (c) or clause (d) of section 37; or section 41, a sum of money not exceeding 3[three lakh rupees] and subject to such minima as may be prescribed, in lieu of such cancellation or suspension or by way of compensation for the offence which may have been committed as the case may be; and in all cases in which any property, has been seized is liable to confiscation under this Act, may release the same on payment of the value thereof as estimated by such officer:
Provided that where the property so seized is a liquor manufactured in contravention of this Act, such liquor shall not be released but shall be disposed of in such manner as may be prescribed.
(2) On payment by the person, the sum of money or the value or both, as the case may be 5[in accordance with the provisions of sub-section (1) or section 47-A], such person, if in custody shall be set at liberty, and all the property seized may be released and no proceedings shall be instituted 5[or continued] against such person in any Criminal Court. The acceptance of compensation shall be deemed to amount to an acquittal and in no case any further proceedings be taken against such person or property with reference to same Act.
Footnotes in the official text
- 1.Substituted by Act No.10 of 1989.
- 2.Throughout the Act For Substituted 1. Excise Officer - Prohibition and Excise Officer 2. Commissioner of Excise - Commissioner of Prohibition and Excise 3. Additional Commissioner of Excise - Additional Commissioner of Prohibition and Excise 4. Deputy Commissioner of Excise - Deputy Commissioner of Prohibition and Excise 5. Assistant Commissioner of Excise - Assistant Commissioner of Prohibition and Excise 6. Excise Superintendent - $Prohibition and Excise Superintendent 7. Assistant Excise Superintendent - Assistant Prohibition and Excise and Superintendent 8. Excise Department - Prohibition and Excise Department [vide. Act No.17 of 1995.]
- 3.Substituted by G.O.Ms.No.162, Revenue (Excise-II) Department, dated 10.09.2015.
- 4.Substituted by Act No.4 of 1994.
- 5.Inserted by Act No.10 of 1989.