RG Act 9

Section 9 · Issue of show cause notice before confiscation of declared goods

(1)

No order confiscating any declared goods shall be made under section 8 unless the owner of such declared goods, package, covering, receptacle, animal, vehicle, vessel or other conveyance, or the person from whom it is seized,-

(a)

is given a notice in writing informing him of the grounds on which it is proposed to confiscate the declared goods, package, covering, receptacle, animal, vehicle, vessel or other conveyance;

(b)

is given an opportunity of making a representation in writing within such reasonable time as may be specified in the notice against the grounds of confiscation; and

(c)

is given a reasonable opportunity of being heard-in the matter.

(2)

Without prejudice to the provisions of sub-section (1), no order confiscating any animal, vehicle, vessel or other conveyance shall be made under section 8 if the owner of the animal, vehicle, vessel or other conveyance proves to the satisfaction of the Collector that it was used in carrying the declared goods without the knowledge or connivance of the owner himself, his agent, if any, and the person in charge of the animal, vehicle, vessel or other conveyance and that each of them had taken all reasonable and necessary precautions against such use.

(3)

No order confiscating any declared goods, package, covering, receptacle, animal, vehicle, vessel or other conveyance shall be invalid merely by reason of any defect or irregularity in the notice given under clause (a) of sub-section (1), if, in giving such notice, the provisions of that clause have been substantially complied with.

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