BOMBAY WEIGHTS AND MEASURES (ENFORCEMENT) (GUJARAT AMENDMENT) ACT, 1965
GUJARAT ACT NO 41 OF 1965.
(First published after having received the assent of the Governor in the Gujarat Government Gazette on the 31st December 1965.
An Act further to amend the Bombay Weights and Measures (Enforcement) Act. 1958.
It is hereby enacted in the Sixteenth Year of the Republic of India as follows :—
Short title.
1. This Act may be called the Bombay Weights and Measures (Enforcement) (Gujarat Amendment) Act, 1965.
Insertion of new scction 40A in Bom LXIX of 19&8.
Bom. LXIX of 1958.
2. In the Bombay Weights and Measures (Enforcement) Act, 1958 after section 40 the following new section shall be inserted, namely :—
Presumption as to certain fact in certain cases.
“40-A. (I) Where in a trial of an offence under section 29, it is proved that the weight or measure or weighing or measuring instrument in respect of which the offence is alleged to have been committed by an accused person was false and was used by the accused person, the Court shall presume, until the contrary is proved", that the accused person knew that the weight or measure or, as the case may be, the weighing or measuring instrument was false and that he used the same fraudulently.
(2) Where in a trial of an offence under section 30, it is proved that the weight or measure or weighing or measuring instrument in respect of which the offence is alleged to have been committed by the accused person was false and was in the possession of the accused person the court shall presume, until the contrary is proved, that the accused person knew that the weight or measure or, as the case may be, the weighing or measuring instrument was false and that he intended to use the same fraudulently.”. |
