85. Presumption as to commission of offence 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 as are ordinarily used for the manufacture of such intoxicant or any materials, which have undergone any process towards the manufacture of any intoxicant or from which an intoxicant has been manufactured for the possession of which he is unable to account for satisfactorily.(2)In prosecutions under section 60, it shall be presumed without further evidence until the contrary is proved that the accused person has committed an offence under that section in respect of any denatured spirit or denatured spirituous preparation which has been or attempted to be altered in contravention of the provisions of section 13.(3)Subject to the provisions of sub-section (4), where in any trial of an offence under clause (b) of section 59 for the consumption of an intoxicant, it is alleged that the accused person consumed liquor and it is proved that the concentration of alcohol in the blood of the accused person is not less than 0.05 per cent, then the burden of proving that the liquor consumed was a medicinal or toilet preparation or an antiseptic preparation or solution or a flavouring extract, essence or syrup, containing alcohol, the consumption of which is not in contravention of this Act or any rules or orders made thereunder, shall be upon the accused person, and the Court shall in the absence of such proof, presume the contrary.(4)The provisions of sub-section (3) shall not apply to the consumption of any liquor,-(a)by indoor-patients during the period they are being treated in any hospital, convalescent home, messing home, or dispensary, maintained or supported by Government or a local authority, or by charity, or(b)by such other person, in such other institutions or in such circumstances as may be prescribed.
