GPRA 103 — Presumption as to commission of offences in certain cases.

Gujarat Prohibition Act (Bombay Prohibition), 1949

Statutory text

(1) In prosecutions under any of the provisions of this Act, it shall be presumed without further evidence, until the contrary is proved, that the accused person has committed in offence under this Act in respect of any intoxicant, hemp, intoxica or colmasses or any still, utensil, implement or apparatus, whatsoever for the manufacture of any intoxicant [1[ * * * ] [1] or any materials which have undergone any process towards the manufacture of any intoxicant or from which an intoxicant has been manufactured, ] for the possession of which he is unable to account satisfactorily.

(2) Wherein any trial of an offence of manufacturing liquor or any intoxicating drug and using a still for such purpose in contravention of the provisions of this Act, it is proved that the accused person was present by the side of the still while it was working or that he was the owner or occupier having the care, management or control of the place wherein such still was used, then the burden of proving that the accused person had not used, or had not abetted in using the still for manufacturing liquor or an intoxicating drug shall be on the accused person and the court shall, in the absence of such proof, assume to the contrary.]]

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