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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.

Where this provision sits

ActOdisha Excise Act, 2008
Section53
Marginal notePresumption as to possession of intoxicant by the accused
JurisdictionState of Odisha
StatusIn force as published by the source

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