103. Presumption as to commission of offences in certain cases.
(1)In prosecutions under any of the provisions of this Act, it shall be presumed without further evidence until the contrary is proved, that the accused person has committed an offence under this Act in respect of any intoxicant, hemp, mhowra flowers or molasses or any still, utensil, implement or apparatus, whatsoever for the manufacture of any intoxicant [***] [The words 'as are ordinarily used in the manufacture of such intoxicant' were deleted by Bombay 22 of 1960, Section 65(a).] [or any materials which have undergone any process towards the manufacture of any intoxicant or from which an intoxicant has been manufactured] [These words were inserted by Bombay 20 of 1955, Section 8.], for the possession of which he is unable to account satisfactorily.[***[(2) Where in any trial of an offence of manufacturing liquor or any intoxicating drug and using a still for such purpose in contravention of the provisions of this Act, it is proved that the accused person was present by the side of the still while it was working or that he was the owner or occupier having the care, management of control of the place wherein such still was used, then the burden of proving that the accused person had not used, or had not abetted in using the still for manufacturing liquor or an intoxicating drug shall be on the accused person and the Court shall, in the absence of such proof, assume to the.contrary.] [Sub-section (2) was deleted by Bombay 22 of 1960, Section 65(b).]]
