APEA Section 47 : Compounding of Offences

Act

Summary

Section 47 of The Andhra Pradesh Excise Act, 1968, addresses the compounding of offences. It allows the Collector or authorized Excise Officers to accept a monetary sum in lieu of cancelling or suspending a licence or permit. This section outlines the conditions under which offences can be compounded, including the release of seized property upon payment. The acceptance of compensation results in acquittal, preventing further legal proceedings.

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Explanation using Example

Example 1: Compounding of Offence for Unlicensed Liquor Sale

  • Introduction: Ramesh, a shop owner in Andhra Pradesh, is caught selling liquor without a valid license. His actions fall under Section 34, clause (b) of the Andhra Pradesh Excise Act, 1968, which deals with selling liquor without a license.
  • Application: According to Section 47(1) of the Act, the Collector or a specially empowered Prohibition & Excise Officer can accept a sum of money, not exceeding Rs. 1,00,000, from Ramesh in lieu of cancelling or suspending his license or as compensation for the offence.
  • Outcome: Ramesh agrees to pay the prescribed amount. Upon payment, as per Section 47(2), he is released from custody, and no further criminal proceedings are initiated against him. The acceptance of compensation is deemed an acquittal.
  • Conclusion: By opting for compounding, Ramesh avoids a lengthy legal process and potential criminal record, although he must ensure compliance in the future to avoid repeat offences.

Example 2: Confiscation and Disposal of Illegally Manufactured Liquor

  • Introduction: A distillery in Andhra Pradesh is found manufacturing liquor in violation of the Excise Act. The liquor is seized by the authorities as it contravenes the Act.
  • Application: Under Section 47(1), the seized property (liqu...

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