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[Cites 0, Cited by 0] [Section 67] [Entire Act]

State of Jammu-Kashmir - Subsection

Section 67(4) in The Police Enhanced Penalties Ordinance, 2005

(4)
(a)In any notified area or at any other place, an officer Incharge of the said area or the Commissioner or any other officer, not below the rank of Inspector, duly authorized by the Commissioner, may require-
(i)the driver or any other person in charge of the vehicle or any other conveyance, as the case may be, to stop the vehicle or conveyance, and put it stationary, as long as may be necessary, for the purpose of examining the goods under transport and other contents of the vehicle including records relating to the goods which are in the possession of the driver or such other person;
(ii)any person in charge of a godown or any other premises of transport agency, clearing or forwarding agency, other than a rail head or a post office, to produce for inspection transport receipts, account books and other documents concerning the goods carried, transported, loaded, unloaded, consigned or received for transport maintained in the ordinary course of business and in the prescribed manner.
(b)The Commissioner and any other authority or officer referred to in clause (a) of this sub-section shall for the purpose of investigation have powers to -
(i)search the vehicle or conveyance and the driver or other person incharge of the vehicle or conveyance;
(iii)break open any package or packages under transport in a vehicle or found in godown or premises of the transport agency or the clearing or forwarding agency;
(iv)examine on oath the driver or owner of the vehicle or conveyance or the person Incharge of the transport agency or clearing or forwarding agency;
(v)seize the goods; and
(vi)seize the receipts, account books and other documents:
Provided that before seizing, the authority/officer shall record the reasons in writing and make an inventory of the goods seized, a copy of which shall be handed over to the driver or owner of the vehicle or the person Incharge of the transport agency or clearing or forwarding agency as the case may be. The seized records shall be impounded, in the prescribed manner and retained so long as their retention may be necessary for the purpose of the Act.