(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 offi ence under this Act in respect of any intoxicant, hemp, mhowra fl owers or molasses or any still, utensil, implement or apparatus, whatsoever for the manufacture of any intoxicant 10[ * * * ] 11[ or any materials which have undergone any process towards the manufacture of any intoxicant or from which an intoxicant has been manufactured,] for the prossession of which he is unable to account satisfactorily.
1. This word was substituted for the word “Commissioner” by Bom. 28 of 1950; Sch,
2. This word was substituted for the word “Provincial” by the Adaptation of Laws “Order, 1950.
3. These words were substituted for the words “any person who can claim any right thereto” by Bom. 22 of 1960, s. 63.
4. This word was substituted for the word “Magistrate” by Bom. 21 of 1954 s 3, Second Schedule.
5. This proviso was substituted by Bom. 22 of 1960, s. 64.
6. The word “commending” was deleted by Bom. 26 of 1952, s. 39.
7. This word was substituted for the words “pre Reorganisation State of Bombay, excluding the transferred territories” by Bom. 12 of 1959, s. 3.
8. These words were substituted for the words “His Majesty” by the Adaptation of Laws Order, 1950
9. This word was substituted for the word “commending” by Bom. 26 of 1952, s. 39.
10. The words “as are ordinarily used in the manufacture of such intoxicant” were deleted by Bom. 22 of 1960, s. 65 (a).
11. These words were inserted by Bom. 20 of 1955, s. 8.
Procedure in confi scation.
Power of Collector, etc., to order sale or destruction of articles liable to confi scation Forfeiture of any publication containing advertisement or matter 9[soliciting] use of intoxicants.
V of
1898.
Presumption as to commission of offences in certain cases.
44 Gujarat Prohibition Act., 1949 [1949 : Bom. XXV 1[2[(2) Where in 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.]]
103A. [ Report of certain registered medical offi cers as evidence. ] Deleted by Bom.
12 of 1959, s. 12.