When in any proceedings taken under this Act, or in consequence of anything done under this Act, a question arises as to whether any forest produce is the property of Government, such produce shall be presumed to be the property of Government until the contrary is proved.
NOTE Under Section 73, the burden lies on the prosecution to prove that the forest produce in possession of the accused corresponds to the forest produce felled and removed from the Government Forest which shows illegal removal by the accused - AIR 1954 Odisha-16.
1[73-A. Presumptions as to removal and transportation of forest produce :– Any person found in possession of any forest produce within the limits of any reserved forest, shall, until the contrary is proved, be presumed to be guilty of removing, or as the case may be, transporting such forest produce from the reserved forests without authority.]
NOTE Odisha Timber and other Forest Produce Transit Rules, 1980 - Rules 14 and 21 - Excess pieces of Sal logs and some quantity of Sisu and Sandal wood were found in possession of the accused, for which he could not account for offence proved and position explained - (1998) 14 OCR-