section 71
Presumption
The Nagaland Excise Act 1967(1) When in any prosecutions under this Act or in any proceedings taken under section 75 sub-section (3), the question arises whether an offence punishable under this Act has been committed in respect of- (a) an intoxicant or hemp plant (Connabis Sativa); (b) any still, utensil, implement or apparatus whatsoever for the manufacture of any intoxicant; or (c) any materials such as are ordinarily used in the manufacture of any intoxicant, if the person found in possession thereof fails to account satisfactorily for such possession; it may be presumed, until the contrary in proved, that his possession was in contravention of the provisions of this Act. (2) When in any prosecution under section 58 any licensed vendor is charged with permitting drunkenness or intoxication in his shop or in any public room of his business premises, and it is proved that any person was drunk or intoxicated in such shop or room, it shall lie on such vendor to prove that he and the persons employed by him took all reasonable steps for preventing drunkenness or intoxication in such shop or room.
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