Section 246 in The City of Nagpur Corporation Act, 1948
246. Provisions relating to prosecutions. - In any prosecution under sections 240, 241, 242 and 243 -
(a)the Court shall, until the contrary is proved, presume that any animal, food, drink, drug or substitute therefor found in the possession of a person who is in the habit of selling that class of animal or of manufacturing, storing or selling such articles, was being kept, manufactured or stored for sale by such person;(b)no such person shall plead that he was ignorant that the animal, food, drink, drug or a substitute was diseased, unsound, unwholesome, unfit for human consumption or adulterated or did not fulfil the conditions specified or was a substitute, as the case may be;(c)no offence shall be deemed to have been committed where such person proves to the satisfaction of the Court that he obtained the food, drink, drug or substitute under a warranty from the person manufacturing it within the City or importing it within the same that the food, drink, drug or substitute had not been adulterated, or that it fulfilled the conditions specified or that it was not a substitute and that he had no reason to believe otherwise or had no reasonable ground for believing that by lapse of time or otherwise the warranty no longer held good.
