Legal Document View

Unlock Advanced Research with PRISMAI

- Know your Kanoon - Doc Gen Hub - Counter Argument - Case Predict AI - Talk with IK Doc - ...
Upgrade to Premium
[Cites 0, Cited by 7] [Entire Act]

State of Maharashtra - Section

Section 104 in The Maharashtra Prohibition Act

104. Compounding of offences.

(1)The State Government may sanction the acceptance from any person whose licence, permit, pass or authorization is liable to be cancelled or suspended under the provisions of sections 54 and 56 or who is reasonably suspected of having committed an offence under sections 67A, 67B, 69, 73, 74, 76 , 77, 82 or 108, of a sum of money in lieu of such cancellation or suspension or by way of composion for the offence which may have been committed, as the case may be; and in all cases in which any property other than the intoxicant, hemp, mhowra flowers or molasses has been seized as liable to confiscation under this Act may release the same on payment of the value thereof as estimated by the State Government or such officer as the State Government may authorize in this behalf :Provided that where a person who is reasonably suspected of having committed an offence under sections 69, 70 or 108 is not the holder of a licence, permit, pass or authorization granted under this Act or a person in the employ of such holder, or a person acting with his express or implied permission, on his behalf, the sum of money which may be accepted from such person by way of composition shall not exceed five hundred rupees ’Provided further that, in the case of a person who is reasonably suspected of having committed an offence under section 108 for not more than three occasions, the sum of money which shall be accepted from him by way of composition for the offence, shall,—
(a)for the first offence, be an amount equal to three times the duty or fee evaded by him;
(b)for the second offence, be an amount equal to four times the duty or fee evaded by him; and
(c)for the third offence, be an amount equal to five times the duty or fee evaded by him :
Provided also that, sum money which may be accepted by way of composition for the offence under the second proviso shall be in addition to the duty or fee to be paid by him under this Act.
(2)On the payment by such person of such sum of money, or such value or both as the case may be, such person, if in custody, shall be set at liberty and the property; seized may be released and if any proceedings shall have been instituted against such person in any Criminal Court, the composition shall be held to amount to an acquittal and in no case shall any further proceedings be taken against such person or property with reference to the same facts.