24
This reduced the section to an absurdity in
the case where the only element of illegality
bazo the non-payment of duty.
(c) The section provided that every person who,
contrary to the provisions of the Ordinance,
had in his possession any intoxicating liquors which have been illegally made should be guilty
of an offence, but it is not contrary to the
provisions of the Ordinance to be in possession
of intoxicating liquors which have been ille-
-gally made.
(a) On the other hand, it was unnecessary for the
section to declare it to be an offence to be
in possession of any intoxicating liquors con-
-trary to the provisions of the Ordinance.
Even if the mere prohibition were not enough
section 89 makes it clear that contravention
of any prohibition is an offence.
3. Section E of this Ordinance replaces section 86 of the
principal Ordinance by a new section 86 which contains the
following provisions :
(a) On any charge of possession of dutiable
li-
-quors contrary to the provisions of the Ordi-
-nance it is to be presumed that the liquors
were dutiable, i.e., that the duty had not
been paid, but the accused can avoid liability
by proving beyond a reasonable doubt either
(i) that the duty had in fact been paid or (ii)
that he had good and sufficient reason to
believe that it had been paid.
(b)