Transporter's release right under Section 129 is limited to the conveyance, not the detained goods themselves.

Section 129 distinguishes between detention of goods and conveyance in transit and the respective liabilities of the owner, person in charge, and transporter. The provision's language in sub-section (6) and its proviso shows that the transporter's statutory benefit is limited to release of the conveyance on payment of the prescribed penalty or capped amount, while the goods themselves are not released to the transporter under that entitlement. The transporter therefore cannot claim release of the detained goods under Section 129.

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Issues: Whether a transporter can seek release of detained goods under Section 129, or whether the statutory benefit is confined to release of the conveyance alone.

Analysis: Section 129(1) addresses detention or seizure of goods and conveyance in transit where there is contravention of the Act or the rules. Section 129(6), read with its proviso, uses different phraseology for the person transporting the goods or the owner of the goods, while specifically providing that the conveyance shall be released on payment by the transporter of penalty or one lakh rupees, whichever is less. The statutory scheme distinguishes between the owner or person in charge of the goods and the transporter who provides carriage. The release entitlement for a transporter is therefore narrower and is confined to the conveyance, not the goods themselves.

Conclusion: The transporter is not entitled to seek release of the detained goods under Section 129; the statutory benefit available to the transporter is limited to release of the conveyance upon fulfilment of the prescribed conditions.

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