43B. Issue of show-cause notice before confiscation under section43A.
(1)No order confiscating any property shall be made under section 43A unless the person from whom the same is seized,-(a)is given a notice in writing informing him the grounds on which it is proposed to confiscate such property;(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, cart, vessel or other conveyance shall be made under section 43A , if the owner of the animal, cart, vessel or other conveyance proves to the satisfaction of the authorised officer that it was used in carrying the liquor or intoxicants or the material, still, utensil, implements or apparatus or the receptacle, package or covering without the knowledge or connivance of the owner himself, his agent, if any, and the person incharge of the animal, cart, vessel or other conveyance and that each of them had taken all reasonable and necessary precautions against such use.
