76.  Cognizance of offences

        (1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (20 of 1974), all offences punishable under this Act or rules made thereunder shall be cognizable and bailable.

         (2)  Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (20 of 1974), a Metropolitan Magistrate or Judicial Magistrate, First Class may, impose on any person found guilty of an offence under section 71, 72 or 74, a punishment as provided in relevant sections.

         (3)  If any prosecution for an offence under this Act has been instituted in respect of the same facts on which a penalty has been imposed by the Commissioner under section 29 or 61, then if the offence is compounded under section 78 or, in any other case, on conviction as a result of the final proceedings, the Commissioner shall refund to the dealer the amount of penalty paid by him.