1[9A. Certain offences to be non-cognizable.--- 2[(1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), offences under Section 9, except the offences referred to in subsection (1A), shall be non-cognizable within the meaning of that Code.
(1A) The offences relating to excisable goods where the duty leviable thereon under this Act exceeds fifty lakh rupees and punishable under clause (b) or clause (bbbb) of sub-section (1) of Section 9, shall be cognizable and non-bailable.]
3[(2) Any offence under this chapter may, either before or after the institution of prosecution, be compounded by the 4[Principal Chief Commissioner of Central Excise or Chief Commissioner of Central Excise] on payment, by the person accused of the offence to the Central Government, of 5[such compounding amount and in such manner of compounding] as may be prescribed:]
6[Provided that nothing contained in this sub-section shall apply to--
(a) a person who has been allowed to compound once in respect of any of the offences under the provisions of clause (a), (b), (bb), (bbb), (bbbb) or (c) of sub-section (1) of Section 9;
(b) a person who has been accused of committing an offence under this Act which is also an offence under the Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985);
(c) a person who has been allowed to compound once in respect of any offence under this chapter for goods of value exceeding rupees one crore;
(d) a person who has been convicted by the court under this Act on or after the 30th day of December, 2005.]
1Ins. by ibid, s. 21.
2Subs. by Act 17 of 2013, s. 89, for (1).
3Ins. by Act 23 of 2004, s. 79.
4Subs. by Act 25 of 2014, s. 95, for "Chief Commissioner of Central Excise".
5Subs. by Act 33 of 2009, s. 104(i) for "such compounding amount".
6Ins. by Act 33 of 2009, s. 104(ii).