State Act

THE UNITED PROVINCES EXCISE ACT, 1910

74. (1) Any Excise Officer specially empowered by the State Government in that behalf may accept from any person whose licence, permit or pass is liable to be cancelled or suspended under section 34, or who is reasonably suspected of having committed an offence punishable under section 64 or section 68, a sum of money not exceeding One Lakh rupees 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 has been seized as liable to confiscation under this Act, may release the same on payment of the value thereof (as estimated by such officer). (2) Any officers specially empowered by the State Government in that behalf may subject to any general or special order of the State Government compound, whether before or after the institution of the precaution, any offence punishable under clause (a) of sub-section (1) of section 60 or section 63, where the quantity of the intoxicant involved does not exceed the quantity notified by the State Government in that behalf, or any offence punishable under sub-section (3) of section 60, on payment of such sum of money as composition fee as he think fit, which shall not be less than five thousand rupees; Provided that amount of minimum compounding mentioned in Section 60(1), 60(3) and 63 shall not be less than mentioned fine. (3) On the payment by such person of some such of money or such value or both, as the case may be, such person, if in custody, shall be set at liberty and all the property seized may be released except intoxicating articles and no proceeding shall be instituted or continued against such person in any criminal court. The acceptance of such sum of money by way of composition shall be deemed to amount of an acquittal and in no case shall any further proceeding be taken against such person or property with reference to the same act.]