Section 67(5) in The Police Enhanced Penalties Ordinance, 2005
(5)(a)The goods, covered by sub-section (2) whether found in vehicle or other conveyance, or godown or any other premises of any transporter, clearing or forwarding agency, or any other place, but which are not supported by the documents specified in said sub-section, or are supported by documents which are fake , false or suspected to be fake or false in respect of the particulars contained therein, shall be seized by the Officer Incharge, Notified Area or any other officer or authority referred to in sub-section(4) after recording reasons in writing and the owner of such goods shall be liable to penalty which shall be equal to double the amount of tax leviable on such goods or twenty five percent of the value of goods whichever is higher. The value of goods under this sub-section shall mean the invoice value or market value whichever is higher:[Explanation. [Added vide Act No. XIII of 2007.] - Where the goods as per the accompanying documents are undervalued, the penalty under this sub-section shall be calculated on the different amount of tax that would have been evaded.]Provided that the goods liable to seizure and /or seized may, subject to the security furnished in prescribed form for a value equal to the amount of maximum leviable penalty, be released.(b)No order of penalty under clause (a) shall be made unless the affected person is given a reasonable opportunity of being heard. The goods for the value equal to the penalty or the security furnished under sub-section (5), as the case may be, shall not be released unless the amount of penalty levied is paid.
