SECTION 9A

(1) Notwithstanding anything contained in the Code of Criminal Procedure, 1898 (5 of 1898), offences under section 9 shall be deemed to be non-cognizable within the meaning of that Code.

(2) Any offence under this Chapter may, either before or after the institution of prosecution, be compounded by the Chief Commissioner of Central Excise on payment, by the person accused of the offence to the Central Government, of such compounding amount and in such manner of compounding[OLD- such compounding amount] as may be prescribed.

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 offencesunder 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 alsoan offence under the Narcotic Drugs and Psychotropic Substances Act, 1985;

(c) a person who has been allowed to compound once in respect of any offence under thisChapter 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 ofDecember, 2005.

(In sub-section (2) the words "such compounding amount and in such manner of compounding" has been substituted and above proviso inserted vide Union Budget 2009-2010 - Finance Bill)

(Sub-Section (2) has been inserted vide Budget 2004-2005)