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Section 4: Substitution of section -32 of Bihar Prohibition and Excise Act, 2016

Bihar Prohibition and Excise (Amendment) Act, 2018State Act of Bihar · Act 8 of 2018

Section- 32 of the Bihar Prohibition and Excise Act, 2016, shall be substituted by the following:- "32- Presumption as to commission of offence in certain cases.-

(1) In prosecution of an offence under this Act, the accused person would have to account for the possession of any liquor, intoxicant, material, utensil, implement or apparatus involved in manufacture or storage of such liquor.

(2) In the event of a failure to offer a satisfactory explanation, there shall be a presumption that the accused person is guilty of the commission of such offence, unless proved otherwise.

(3) Where any equipment, machinery, animal, vessel, cart, vehicle, conveyance or any premises are used in the commission of an offence under this Act, and are liable to confiscation and/or liable to be sealed, the owner or occupier thereof would need to account satisfactorily, and in the absence of a satisfactory explanation the presumption that accused person committed the offence shall arise, unless proved otherwise."

Where this provision sits

ActBihar Prohibition and Excise (Amendment) Act, 2018
Section4
Marginal noteSubstitution of section -32 of Bihar Prohibition and Excise Act, 2016
JurisdictionState of Bihar
StatusIn force as published by the source
Judgments citing it1

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