Section 16(5) in The Orissa Minerals (Prevention Of Theft, Smuggling And Other Unlawful Activities) Act, 1988
(5)Without prejudice to the provisions of Sub-section (4) no order of confiscation under Sub-section (3) of any tool, vehicle or other conveyance shall be made if the owner thereof proves to the satisfaction of competent authority that it was used without his knowledge or connivance or the knowledge or connivance of his agent, if any, or the person in charge of the tool, vehicle or other conveyance in committing the offence and that each of them had taken all reasonable and necessary precautions against such use.
