Misuse of Drugs Act, 1977
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Onus of proof. |
22.—(1) In any proceedings for an offence under this Act, it shall not be necessary to negative by evidence the existence of any— | |
(a) order made under section 2 of this Act, | ||
(b) licence, permit or authorisation under this Act, | ||
and accordingly the onus of proving the existence of any such licence, permit or authorisation shall be on the person seeking to avail himself thereof. | ||
(2) In any proceedings for an offence under this Act it shall not be necessary for the prosecutor to prove that at the time of the offence— | ||
(a) a defendant was not a person to whom regulations made under section 4 of this Act applied, | ||
(b) a defendant was a person to whom an exception under regulations made under section 5 of this Act applied, and | ||
in case a defendant claims that— | ||
(i) by virtue of the said section 4 he had lawfully in his possession a controlled drug, | ||
(ii) he is a person to whom such an exception applied, | ||
the onus of proving such lawful possession, or that he is such a person, as may be appropriate, shall be on the defendant. |