Section 53: Presumption as to possession of intoxicant by the accused
Odisha Excise Act, 2008State Act of Odisha · Act 10 of 2013
In an offence under, Section 52 of this Act, if it is established by chemical analysis or by adducing evidence of trained Excise Officer or otherwise that the seized liquid, materials or other things are–
(a) intoxicant; or
(b) still, utensil, implement or apparatus whatsoever for the manufacture of any intoxicant other than tari; or .
(c) any material, which has undergone any process towards. the manufacture of any intoxicant or from which an intoxicant has been manufactured;
the Court shall presume that the seized liquid or materials or other things are recovered from the conscious possession of the accused unless and until the contrary is proved.
Explanation :– ‘trained Excise Officer’ shall mean an officer who has undergone distillery training and obtained a certificate from the concerned Superintendent ot Excise.