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Section 17BState of Kerala Act

Section 17B: Procedure for confiscation

Procedure for confiscation.

(1)

No order confiscating any material object under this Act shall be passed without giving the person from whom it is seized and the owner of such material object,-

(a)

a notice in writing informing him the grounds on which such material object is proposed to be confiscated;

(b)

an opportunity to submit a representation in writing against the grounds of confiscation, within such reasonable time as may be specified in the notice for the same;

(c)

a reasonable opportunity of being heard in the matter; and

(d)

an opportunity to produce evidence:
Provided that if such person is not known or cannot be found, the District Magistrate may initiate the steps under sub-section (2) of section 17C.

(2)

Where the owner of the vessel, vehicle, cart, animal and other conveyances proves to the satisfaction of the District Magistrate that it was used for committing the anti-social activity without the knowledge or connivance of himself or of his agent, if any, and the person in charge of such vessel, vehicle, cart, animal or other conveyance had taken all reasonable and necessary precaution against such use, no order for confiscation of any material object shall be passed under this Act.

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