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State of Jammu-Kashmir - Section

Section 14B in The Hoarding and Profiteering Prevention Ordinance, 2000

14B. [ Special rules of evidence. [Section 14B and 14C inserted by Ordinance VI of 2001.]

(1)In any prosecution for a contravention of the provisions of section 5, the burden of proving that the quantity of any article in the possession of any accused person was not in excess as of the limits specified in that section shall be on the accused person.
(2)In any prosecution for a contravention of the provisions of section 6, when the sale of or offer to sell or disposal of the article in question and the price at which it was made have been proved, then, if it is also proved that such price exceeded by more than 20 per cent the amount specified in sub-clause (i), (ii) or (iii) of clause (b) of sub-section (2) of section 6 or in clause (c) of that sub-section, as the case may be, it shall lie on the accused person to prove that the sale price charged was within the limits approved [x x x] under the proviso to the said sub-section.
(3)[ For the purposes of section 6, a certificate signed by or under authority from the Government or the Controller General or an officer authorised in such behalf under section 14-D as to the landed cost of any article, shall be conclusive proof of that landed cost, and shall not be called in question on the ground that the said landed cost was not determined in conformity with the provisions of sub-section (3-a) of section 6.] [Sub-section (3) substituted by Ordinance VII of 2003. (For earlier amendment see Ordinance VI of 2001).]