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Bombay Prohibition Act, 1949, (Maharashtra) Section 104 - Bare Act

StateMaharashtra Government
Year
Section Title Compounding of Offences
Act Info:

(1) The1[State] 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 section2[69, 70, 77, 82 or] 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 has been seized as liable to confiscation under this Act may release the same on payment of the value thereof as estimated by the1[State] Government or such officer as the1[State] Government may authorize in this behalf:

Provided that where a person who is reasonably suspected of having committed an offence under section2[69, 70, or] 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 not exceed five hundred rupees:

3[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.]

(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.

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1. This word was Substituted for the word "Provincial" by the Adaptation of Laws Order, 1950.

2. These figures and word were inserted by Bom. 26 of 1952, s. 40.

3. This proviso was added by Bom. 22 of 1960, s. 66.



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