125. Option to pay fine in lieu of confisc ation .
(1)Whenever confiscation of any goods
is authorised by this Act, the officer adjudging it may, in the case of any goods, the importation or
exportation whereof is prohibited under this Act or under any other law for the time being in force, and
shall, in the case of any other goods, give to the owner of the goods 6[or, where such owner is not known,
the person from whose possession or custody such goods have been seized,] an option to pay in lieu of
confiscation such fine as the said officer thinks fit:
7[Provided that where the proceedings are deemed to be concluded under the proviso to
sub-section ( 2) of section 28 or under clause ( i) of sub -section ( 6) of that section in respect of the goods
which are not prohibited or restricted, 8[no such fine shall be imposed] :
Provided further that ], without prejudice to the provisions of the proviso to sub -section ( 2) of section
115, such fine shall not exceed the market price of the goods confiscated, less in the case of imported goods
the duty chargeable th ereon.