(1) Notwithstanding anything contained in this Act, the owner or other person in charge of a vehicle or vessel while transporting into or out of the State, any notified goods the value of which exceeds rupees two thousands and five hundred or such amount as notified by the Government from time to time, shall carry with him in addition to the documents prescribed under section 29 of the Act a permit issued by the officer empowered in this behalf or the assessing authority as the case may, be in the prescribed form.

Note.- If the transporter of notified goods is not accompanied by the documents specified in sub-section (1) above, it shall be deemed to be smuggling of the notified goods for the purpses of the Act.

(2) Any officer authorised by the Government in this behalf shall have the power to intercept and search the vehicle or vessel or any conveyance referred to in sub-section (1), at any place within the State for the purpose of enabling such officer to verify whether any notified goods are being transported in contravention of sub-section (1).

(3) If on verification, such officer has reason to suspect that the notified goods are being transported in contravention of the provisions of sub-section (1), he may without any unreasonable delay, produce the goods and the vehicle before such officer authorised by the Government, by notification in the Gazette, not below the rank of an Deputy Commissioner of State Tax.

(4) Where the authorised officer is satisfied that the driver or other person in charge of the vehicle or vessel transported the notified goods in contravention of sub-section (1), or the documents produced are false or reasonably suspected to be false in respect of the particulars furnished therein, the authorised officer shall have the power to seize and detain the notified goods along with vehicle or vessel:

Provided that before taking action of seizure and detention, the authorised officer shall give the person in -charge of the notified goods and the owner of the notified goods, if ascertainable, and to the owner of the vehicle or vessel a notice in writing informing him the reason for the seizure and detention and an opportunity of being heard:

Provided further that the authorised officer may release the notified goods and the vehicle or vessel seized and detained, if the owner or the person in-charge of the notified goods or owner or person in-charge of the vehicle or vessel files an option to pay in lieu of seizure and detention, a redemption fee equal to thrice the amount of tax due at the rate applicable to the goods liable to seizure and detention and twice the amount of tax due or an amount of rupees fifty thousands whichever is higher for the release of the vehicle or vessel in lieu of detention:

Provided also that if the owner of the vehicle or vessel produces the permit prescribed in sub-section (1) and the owner of the notified goods proves the bonafides of the transport of goods within seven days of the seizure and detention, the authorised officer shall release the goods and the vehicle.

(5) Notwithstanding anything contained in the foregoing provisions, if the owner or person in charge of the notified goods or the owner or person in charge of the vehicle fails to prove the genuineness of the transport of the notified goods or to remit the redemption fee as specified in the second proviso to sub-section (3), within thirty days from the date of seizure and detention of goods and the authorized officer has reason to believe that the owner or the person in charge of the vehicle or the driver has transported the notified goods to evade payment of tax with the knowledge or connivance of the owner of the goods, the officer may confiscate the vehicle or vessel along with the goods:

Provided that the authorized officer shall serve notice to the owner of the vehicle or the person in charge of the vehicle or the owner of the notified goods, if ascertainable, intimating the reason for the confiscation of the vehicle or vessel affording him and an opportunity of being heard. The officer shall also afford an opportunity to any of such persons to pay a penalty equal to thrice the amount of tax attempted to be evaded in lieu of confiscation of the notified goods and an amount equal to thrice the amount of such tax or rupees one lakh whichever is higher in lieu of confiscation of the vehicle or vessel.

(6) No order confiscating any vehicle or vessel shall be made under sub-section (4), if the owner or the person in charge of the vehicle or vessel proves to the satisfaction of the authorized officer that it was used for carrying the notified goods without the knowledge or connivance of the owner himself, his agent, if any, or the person in charge of such vehicle or vessel and that each of them has taken all reasonable and necessary precautions against such use.

(7) The permit referred to in this section shall be obtained either from the officer empowered to in this behalf in the border checkpost or from the assessing authority as the case may be, for the transport of notified goods into or out of the state.

(8) Any person aggrieved by an order under sub-section (6) may, within thirty days from the date of communication to him of such order, file an application for revision, in such manner and in such form, as may be prescribed and accompanied by a fee or rupees five hundred befor the Joint Commissioner of State Tax and the Joint Commissioner of State Tax may pass such orders thereon as he thinks fit:

Provided the Joint Commissioner of State Tax may admit an application for revision filed after the expiry of the said period ,if he is satisfied that the applicant had sufficient cause for not filling the revision within the said period.

(9) Any person aggrieved by an order under sub section (8) may within thirty days from the date of communication to him of such order file a revision in such manner and in such form as may be prescribed and accompanied by a fee of three hundred rupees before the Commissioner of State Tax and the decision of the Commissioner of State Tax shall be final:

Provided that the Commissioner of State Tax may admit an appplication for revision filed after the expiry of the said period , if he is satisfied that the applicant had sufficient cause for not filling the application within the said period .

(10) where an order of confiscation under this section has become final in respect of any goods , vehicle or vessel , such goods , vehicle or vessel, as the case may be , shall vest in the Government free from all encumbrances.

(11) The award of confiscation under this section shall not prevent the infliction of any punishment to which the person affected therby is liable under the Act.