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Report No. 47

Chapter 12

Presumption and Evidence

12.1. Introductory.-

We have dealt with a few matters pertaining to evidence in other Chapters1. Here, we propose to deal with the scope of certain presumptions and the changes needed therein.

1. See Chapter 7 (Burden of disproving means rea) and Chapter 14 (Statements in administrative adjudications).

12.2. Use of presumptions under the Foreign Exchange Act for cases under the Customs Act, and vice versa.-

Both section 24A, Foreign Exchange Act and section 139, Customs Act, enact a presumption as to the genuineness of documents seized from the custody or control of a person. But the presumption in respect of a document seized under one Act cannot be availed of when the prosecution is under the other Act. Since, in practice, the need for such use often arises, we think that this gap should be removed. The presumption could be made available to seizure under any other law.

12.3. Seizure from a person other than the accused.-

Both in the Foreign Exchange Act and in the Customs Act, it is also desirable that the presumption should be applicable also where the documents are seized from a person other than the accused. We accordingly recommend, an amendment, to widen the scope of the relevant sections in both the Acts, in this regard.

12.4. Documents received from a place outside India.-

We are also of the view that these presumptions should apply also to documents received, from a place outside India.

12.5. Insertion of presumption in Imports and Exports (Control) Order, 1947.-

We are also of the view that in the Imports and Exports (Control) Act, 1947, a provision similar to section 139, Customs Act, as proposed to be revised in this Report should be inserted.

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