Out of court settlement

Notwithstanding anything to the contrary contained in this Act or any other law, but subject to section 128, where it appears to the Comptroller that having regard to the nature of the evidence and all other circumstances, it would be expedient to make an out-of-court settlement with the importer or other person importing or attempting to import the goods, he may, after consultation with the Director of Public Prosecutions and with the prior approval of the Financial Secretary, make such settlement in lieu of commencing or continuing court proceedings, and such settlement may be for a sum less than what would otherwise be recoverable in court, provided that it shall not be necessary to consult with the Director of Public Prosecutions or to seek the approval of the Financial Secretary if the out-of-court settlement does not involve mitigation or reduction of any fine, penalty or forfeiture, provided further that the Comptroller shall not make an out- of-court settlement in lieu of commencing or continuing proceedings in relation to an offence under section 112 (1) (e) or (f) or section 112 (2) (b) or (c) except in exceptional circumstances, and where such exceptional circumstances exist, the Comptroller shall act with the concurrence of the Minister responsible for Finance.”.