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Dadra And Nagar Haveli - Section

Section 63 in The Dadra and Nagar Haveli Excise Regulation, 2012

63. Compounding of certain offences. - (1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973, the offences punishable under section 42, clause (a) of section 43, clauses (a) and (c) of section 50 and section 55, may either before or after the institution of any proceedings, be compounded by the District Excise Officer under this Regulation.

(2)On receipt of an application under sub-section (2), the District Excise Officer, having regard to the circumstances of the case, may at his discretion order for compounding of the offence on payment of a sum of money by way of compounding fee or compensation for the offence in accordance with the guidelines, as may be prescribed.
(3)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 District Excise Officer under this section shall not be less than five times but not more than ten times the duty involved or value of liquor and apparatus, whichever is higher: Provided further that where liquor, 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.
(4)Where the composition of any offence is made after the institution of any prosecution, such composition shall be brought by the District Excise Officer in writing, to the notice of the Court in which the prosecution is pending and on such notice of the composition of the offence being given, the person in relation to whom the offence is so compounded shall be discharged.