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State of Kerala - Section

Section 67C in Abkari Act, 1 of 1077

67C. [ Issue of show cause notice before confiscation under section 67B. [Inserted by Act 24 of 1975.]

(1)No order confiscating any property shall be made under section 67B unless the person from whom the same is seized -
(a)is given a notice in writing informing him of 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 67B 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 intoxicating drug or the material, still, utensil, implement or apparatus or the receptacle, package or covering without the knowledge or connivance of the owner himself his agent, if any, and the person in charge of the animal, cart, vessel or other conveyance and that each of them had taken all reasonable and necessary precautions against such use.]