Amendment status not verified — confirm the current text below against the official source.
(1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973, the offences punishable under section 40, clause (0) of section 41, Clauses (0) and (c) of section 48 and section 53 may either before or after the institution of any proceeding, be compoundable under this Regulation. (2) Any person who is reasonably suspected of having committed an offence specified under sub-section (1) may apply to the District Excise Officer for compounding of the offence. (3) 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 IJ fthe offence on payment of such sum of money by way of compounding fee or compensation ;br the offence, in accordance with the guidelines as may be prescribed. (4) On payment by the person such sum of money, 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 tlk value of liquor, apparatus, vehicle and other material, 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. (5) Where the composition of any offence is made after the institution of any ~ rosecution, such composition shall be brought by the District Excise Officer in writing, to ':'le notice of the Court in which the prosecution is pending and on such riotice of the composition of the offence being given, the person in relation to whom the offence is so l:offi(>Ounded shall be discharged. " . 63. While adjudging the quantum of penalty under this Chapter, Court or the J.djudicating Officer, as the case may be, shall have due regard to the following, namely:- (a) the amount of gain or unfair, advantage, wherever quantifiable, made as a result of the contravention; (b) the amount of loss caused or likely to cause to the Union territory Administration or any person as a result of the contravention; , (c) the repetitive nature of the contravention; (d) whether the contravention is without his knowledge; and . (e) any other relevant factor.