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Section 71: Presumption as to commission of offence in certain cases

The United Provinces Excise Act 1910State Act of Uttar Pradesh · Act 4 of 1910

In every prosecution under [section 60, section 60-A] it shall be presumed, until the contrary is proved, that the accused person has committed an offence punishable under that section in respect of —

(a) any [intoxicant] ; or

(b) any still, utensil, implement or apparatus whatsoever for the manufacture of any [intoxicant] other than tari ; or

(c) any materials which have undergone any process towards the manufacture of an[intoxicant] or from which an [intoxicant] has been manufactured ; for the possession of which he is unable to account satisfactorily ;

and the holder of a license, permit or pass under this Act shall be liable to punishment, as well as the actual offender, for any offence punishable under [section 60, section 60-A, section 62], section 63 or section 64 committed by any person in his employ and acting on his behalf as if he had himself committed the same, unless he shall establish that all due and reasonable precautions were exercised by him to prevent the commission of such offence ;

[Provided that, notwithstanding anything to the contrary in sections 60A and 69B, no person other than the actual offender shall be punished with imprisonment except in default of payments of fine.]

Where this provision sits

ActThe United Provinces Excise Act 1910
Section71
Marginal notePresumption as to commission of offence in certain cases
JurisdictionState of Uttar Pradesh
StatusIn force as published by the source

How this provision has been amended

Taken from the footnotes printed with the provision by the source. Where a footnote names the amending instrument, it is quoted as printed.

  • substituted, U. P. Act 4 of 2018. . Subs. by sec. 24(a) of U. P. Act 4 of 2018.
  • substituted. . Subs. for (excisable article) by the A. O. 1937.
  • substituted, U. P. Act 4 of 2018. . Subs. by sec. 7A of U. P. Act 4 of 2018.
  • substituted, U. P. Act 4 of 2018. . Subs. by sec. 24(b) of U. P. Act 4 of 2018.

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