(1) Any officer of the State Government, Authority or concessionaire, as the case may be, authorised in this behalf by the State Government or by the Authority, may-
(a) enter, inspect, break open and search any vehicle which he has reason to believe is involved in an offence under this Act;
(b)search, seize and remove all such devices, instruments or articles which have been, or are being, used for such offence; and
(c) examine or seize any documents which in his opinion shall be useful for or relevant to, any proceedings in respect of the offence under this sub-section (1) and allow the person from whose custody such documents are seized to make copies thereof or take extracts therefrom in his presence.
Power to search and seizure.
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(2) The occupant of the vehicle of search or any person on his behalf shall remain present during the search and a list of all things seized in the course of such search shall be prepared and delivered to such occupant or person who shall sign the list.
(3) The provisions of the Bharatiya Nagarik Suraksha Sanhita (BNSS), relating to search and seizure shall apply, as far as may be, to searches and seizure under this Act.
78. While adjudicating the quantum of penalties and fines to be imposed under this Act, the court shall have due regard to the following factors, namely:-
(a) the amount of potential gain or unfair advantage, wherever quantifiable, made as a result of the offence;
(b)the repetitive nature of the offence; and
(c) the damage caused or danger posed to users of a highway or to other persons; and damage to any property or works comprising a highway.
CHAPTER XII MISCELLANEOUS