Owner-based release of seized goods turns on unsettled sale status and satisfaction of tax, penalty, and security conditions.

Where seized goods were transported under invoices, the release provision applicable to the owner of the goods applied because the selling dealer's sale had not attained finality and ownership had not passed. On that basis, release could be secured by deposit of tax and penalty or by furnishing the required security and indemnity bond. The existence of a separate penalty order did not control the release question, as that order was independently challengeable and did not alter the statutory basis for release of the goods.

---

---

Issues: Whether seized goods transported under invoices could be released by applying the provision governing release where the owner of the goods seeks release and whether the demand for security and indemnity bond could be sustained.

Analysis: The petitioner was the selling dealer and the sale transaction had not attained finality, so the petitioner continued to be treated as the owner of the goods. On that basis, the provision applicable to release of goods on deposit and security was the one governing the owner of the goods. The existence of a separate penalty order did not affect the question of release of the goods, as that order was independently challengeable.

Conclusion: Release was to be granted on deposit of tax and penalty or on furnishing the required security and indemnity bond under the provision applicable to release sought by the owner of the goods.

---