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State of Kerala - Section

Section 64 in Abkari Act, 1 of 1077

64. Presumption as to commission of offence in certain cases.

- In prosecutions under [Section 55, Section 55B, Section 56A, Section 57, Section 58, Section 58A and Section 58B] [Substituted for the words and figures 'Section 55' by Act 16 of 1997 with effect from 3/6/1997.] it shall be presumed until the contrary is proved, that the accused person has committed an offence under that section in respect of any liquor or intoxicating drug, or any still, utensil, implement or apparatus whatsoever for the manufacture of liquor other than toddy or of any intoxicating drug, or any such materials as are ordinarily used in the manufacture of liquor or of any intoxicating drug, of the possession of which he is unable to account satisfactorily; and the holder of a licence or permit under this Act shall be punishable, as well as the actual offender, for any offence committed by any person in his employ and acting on his behalf under [Section 8 or Section 55 or Section 55B or Section 56 or 56A or Section 57 or Section 58 or Section 58A or Section 58B] [Substituted for the words and figures 'Section 55 or Section 56 or Section 57 or Section 58' by Act 16 of 1997 with effect from 3/6/1997.] 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;[ x x x x ] [Omitted by Act 16 of 1997 with effect from 3-6-1997.]