(1)The [State] [This word was substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] 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 this Act or who is reasonably suspected of having committed an offence under sections [69, 70, 77, 82 or] [These figures and word were inserted by Bombay 26 of!952, Section 40.] 108, of a sum of money in lieu of such cancellation or suspension or by way of composition 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 have been seized as liable to confiscation under this Act may release the same on payment of the value thereof as estimated by the [State] [This word was substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] Government or such officer as the [State] [This word was substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] 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] [These figures and words were inserted by Bombay 26 of 1952, Section 40.] 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 [be such as the State Government may by notification in the Official Gazette, specify] [Substituted 'not exceed five hundred rupees' by Gujarat Act No. 9 of 2017, dated 16.3.2017.]:[Provided further that, in the case of a person who is reasonably suspected of having committed an offence under section 108, the sum of money which may be accepted from him by way of composition for the offence shall be in addition to the duty or fee required to be paid by him under this Act.] [This proviso was added by Bombay 22 of 1960, Section 66.](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.
