Bare ActsThe BIHAR PROHIBITION AND EXCISE ACT, 2016

Section 32

Presumption as to commission of offence in certain cases

Amendment status not verified — confirm the current text below against the official source.

Presumption as to commission of offence in certain cases.— (1) In prosecution under any relevant provision of this Act, it shall be presumed, until the contrary is proved, that the accused person has committed the offence punishable under that section in respect of any liquor, intoxicant,material, still, utensil, implement or apparatus, for the possession of which he is unable to account satisfactorily. (2) Where any equipment, machinery, animal, vessel, cart, vehicle, conveyance or any premises is used in the commission of an offence under this Act, and is liable to confiscation and/or liable to be sealed, the owner or occupier thereof shall be deemed to be guilty of such offence and such owner or occupier shall be liable to be proceeded against and punished accordingly, unless he satisfies the court that the offence was committed without his knowledge or that he had exercised due care in the prevention of the commission of such an offence. (3) Where an offence is said to have been committed , 36 ॢबहर गजट [सधरण 2 अ तूबर 2016 -at a place or inside any premises where any toxicant or liquor is found, consumed, manufactured, sold or distributed, or -inside any house occupied by a family where any intoxicant or liquor is found or consumed, it shall be presumed that all the adults above the age of eighteen occupyingor working at the place or in the premises or the members of the family above eighteen years of age occupying the house are having the knowledge of commission of such an offence, unless proved otherwise.

Section 32 – The BIHAR PROHIBITION AND EXCISE ACT, 2016 | DailyLaw.ai