Presumption as to offences under sub-sections (1) and (2) of section 3

Presumption as to offences under sub-sections

1. (1) and
2. (2) of section 3
3. (1) In a prosecution for an offence of organised crime punishable under the provisions of sub-section
4. (1) of section 3, if it is proved—
   • (a) that the unlawful arms and other material including documents or papers were recovered from the possession of the accused and there is reason to believe that such unlawful arms and other material were used in the commission of such offence;
   • (b) that by the evidence of an expert the fingerprints of the accused were found at the place of the occurrence or on anything including arms and vehicles used in connection with the commission of the offence;
   • (c) that a telephone, electronic or other source of communication was intercepted and it was a direct communication between the accused or a member of the organised crime syndicate and any other person who abets or assists in the commission of the offence; the Special Court shall presume, unless the contrary is proved, that the accused had committed the offence.
5. (2) In a prosecution for an offence of organised crime punishable under the provisions of sub-section
6. (2) of section 3, if it is proved that the accused rendered any financial assistance to a person accused of, or reasonably suspected of, an offence of organised crime, the Special Court shall presume, unless the contrary is proved, that the accused has committed the offence under the said sub-section (2).