(4)On payment by the person such sum of money such person, if in custody, shall be set at liberty and no proceeding shall be instituted or continued against such person in any criminal court:Provided that the sum of money fixed as compounding fee or compensation by the Assistant Commissioner under this section shall not be less than five times and not be more than ten times the duty involved or value of intoxicant, apparatus, vehicle and other material, whichever is higher.Provided further that where intoxicant, apparatus, vehicle or other material is seized, the same shall not be released but shall be disposed of in such manner as may be prescribed.
