(2)[ Subject to the provisions of sub-section (3), where in any trial of an offence under clause (b) of sub-section (1) for the consumption of an intoxicant, [or in any trial of an offence under clause (e) of sub-section (1) for entry in the territory of the State after consumption of an intoxicant or hemp at any place outside the State] [Sub-sections (2) and (3) were added by Bombay 12 of 1959, Section 9.] 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, weight in volume] [These words and figures were substituted and shall be deemed always to have been substituted for the words and figures 'not less than 0.05 per cent' by Bombay 22 of 1960, Section 50 (b).] then the burden of proving that [the liquor consumed was a medicinal preparation consumed in quantity not in excess of normal dose as defined in section 24-1 A or that the liquor consumed was a toilet preparation] [These words, figures and letters were substituted for the words 'the liquor consumed was a medicinal or toilet preparation' by Gujarat 9 of 1978, Section 8(2) (b).] or an antiseptic preparation or solution, or a flavouring extract, essence or syrup, containing alcohol, the consumption of which is not in contravention of the Act or any rules, regulations or orders made thereunder, shall be upon the accused person, and the Court shall in the absence of such proof presume the contrary.
