GUJCTOC 21 — Presumption as to offences under section 3

Gujarat Control of Terrorism & Org. Crime, 2015

Statutory text

(1) In a prosecution for an offence of terrorist act or organised crime punishable under section 3, if it is proved -
(a) that unlawful arms and other material including relevant documents or papers were recovered from the possession of the accused and there is a reason to believe that such unlawful arms and other material including such documents or papers were used in the commission of such offence; or

(b) that by the evidence of an expert, the finger prints of the accused were found at the site of the offence or on anything including unlawful arms and other materials like relevant documents or papers and vehicles used in connection with the commission of such offence,

the Special Court shall presume, unless the contrary is proved, that the accused had committed such offence.

(2) In a prosecution for an offence punishable under sub-section (2) of section 3, if it is proved that the accused rendered any financial assistance to a person, having knowledge that such person is accused of, or reasonably suspected of, an offence of terrorist act or organised crime, the Special Court shall presume, unless the contrary is proved, that such person has committed the offence under the said sub-section (2).

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