40. Check Posts

(1) Where the State Government decides to set up a check-post, under section 60 at any place in this state, the location of such check-post shall be notified in the official Gazette. When a check-post is set up on a thoroughfare or road, barrier may be erected, across the road or thoroughfare, in the Form of a contrivance to enable traffic being intercepted, detained and searched.

(2) No person shall transport across or beyond a check-post to any place outside the State of Bihar any goods notified under section 60 exceeding such quantity or value as may be specified in the notification, except after applying for grant of permission in Form D-VII in triplicate, before the appropriate authority or officer authorised by the State Government in this behalf.

(3) Upon receipt of such application, the said authority or officer, on being satisfied about the particulars furnished, shall grant his permission by countersigning the declarations and seal them with his official seal; two copies of the permission shall be returned to the person filing it after endorsing on one of these copies the particulars of the authority or officer to whom it shall be surrendered.

(4) The driver of the vehicle carrying the goods or the person in charge of the goods shall produce the countersigned permission, for inspection and checking at any other check post, which may fall in the route, and shall surrender one copy thereof to the authority or officer to whom he has been directed under sub-rule (3) to surrender it.

Explanation: For the purposes of this rule expression ‘ appropriate authority/officer shall mean the authority or officer-in-charge of a check-post.