Section 59 in The Jammu and Kashmir Excise Act, 1958 (1901 A. D.)
59. Confiscation how ordered.
- Whenever confiscation is authorised by this Act, the [Deputy Commissioner] [Substituted by Act XIV of 1966.] or Magistrate ordering it may give the owner of the thing liable to be confiscated an option to pay in lieu of the confiscation such fine as such officer thinks fit.When an offence under this Act has been committed but the offender is not known or cannot be found, or when anything liable to confiscation under this Act and not in the possession of any person cannot be satisfactorily accounted for, the case shall be inquired into and determined by the [Commissioner] [Substituted by Act XIV of 1966.] or by any other officer authorised by him in that behalf who may order such confiscation :Provided that no such order shall be made until the expiration of one month from the date of seizing the things intended to be confiscated or without hearing the persons, if any, claiming any right thereto, and evidence, if any, which they produce in support of their claims.[60. Power to compound offences. - (1) A Deputy Commissioner may accept from any person whose licence or permit is liable to be cancelled or suspended under section 22 or who is reasonably suspected of having committed an offence under section 49 or section 50-A or section 56, a sum of money not exceeding [fifteen thousand rupees] [Section 60 substituted by Act XI of 1999, Section 13, w. e. f. 29-2-2000.] but not less than [five thousand rupees] [Substituted by Act No. IX of 2010, dated 21st April, 2010], in lieu of such concealment or suspension, or by way of compensation for the offence which may have been committed as the case may be ; and in all cases whatsoever in which any property has been seized as liable to confiscation under this Act may release the same on payment of the value thereof as estimated by him :Provided that in respect of offence committed under section 11-A, the Deputy Commissioner may accept a sum of money not exceeding [fifteen thousand rupees] [Substituted by Act No. IX of 2010, dated 21st April, 2010] but not less than [five thousand rupees] [Substituted by Act No. IX of 2010, dated 21st April, 2010] by way of composition of the offence which may have been committed :[Provided further that in respect of an offence under clause (f) of section 49 the Deputy Commissioner may accept a sum not exceeding fifteen thousand rupees but not less than ten thousand rupees by way of composition of the offence.] [Proviso added by Act VII of 2001, Section 9.](2)On the payment of such sum of money, or such value, or both, as die case may be, the accused person, if in custody, shall be discharged, the property seized shall be released and no further proceedings shall be taken against such person or property.]
