(4)The [Deputy Commissioner] [Substituted by Act 29 of 1962 w.e.f. 1.10.1962] may thereupon, notwithstanding anything contained in the order admitting such instrument in evidence, or in any certificate granted under section 41, or in section 42, prosecute any person for any offence against the stamp-law which the [Deputy Commissioner] [Substituted by Act 29 of 1962 w.e.f. 1.10.1962] considers him to have committed in respect of such instrument:Provided that,-(a)no such prosecution shall be instituted where the amount (including duty and penalty) which, according to the determination of such Court, was payable in respect of the instrument under section 34, is paid to the [Deputy Commissioner] [Substituted by Act 29 of 1962 w.e.f. 1.10.1962] unless he thinks that the offence was committed with an intention of evading payment of the proper duty;(b)except for the purpose of such prosecution, no declaration made under this section shall affect the validity of any order admitting any instrument in evidence, or of any certificate granted under section 41.
