Provided that before taking action for the confiscation of goods under this sub-section the officer shall give the person affected an opportunity of being heard.

Transit of goods by road through the state and issued of transit pass Where a vehicle, carrying goods, coming from any place outside the State and bound for any other place outside the State, pass through the State, the driver or other person-in-charge of such vehicle shall obtain in the prescribed manner a transit pass from the officer-in-charge of the first check post or barrier after his entry into the state and deliver it to the officer-in-charge of the last check-post or barrier before his exit from the State, failing which it shall be presumed that the goods carried thereby have been sold within the State by the owner or person-in-charge of the vehicle and accordingly the tax is assessed and penalty, if any levied in accordance with the provisions of this Act: Provided that where the goods carried by such vehicle are, after their entry into the State, transported outside the State by any other vehicle or conveyance, the burden of proving that the goods have actually moved out of the State shall be on the owner or person-in-charge of the vehicle. Explanation: If a vehicle is hired for transportation of goods by any person, the hirer of that vehicle shall, for the purposes of this section be deemed to be the owner of the vehicle.