184163-1931-Supplementary-Draft-Bill--Liquors — Page 22

1013

76.(1) Whenever two or more persons are Examination charged with any offence against this Ordinance, the of accused mag strate may permit any of them to give evidence persons. for the prosecution.

made.

(2) Every person so permitted to give evidence who Indemnity if shall in the opinion of the magistrate make true and true and full full discovery of all things as to which he is lawfully discovery examined, shall be entitled to receive a certificate of indemnity under the hand of the magistrate stating that he has made a true and full discovery of all things as to which he was examined, and such certi- ficate shall be a bar to all legal proceedings against him in respect of all such things as aforesaid.

(8) Provided always that any person charged with an offence against this Ordinance may, if he thinks fit, tender himself to be examined in his own behalf, and thereupon may give evidence in the same manner and with the like effect and consequences as any other witness.

77. Every person who imports, or aids, abets, pro- Illegal cures or is interested or concerned in, or knowingly importing derives any profit from the importation of any of intoxicat-

ing liquors intoxicating liquors or denatured spirits contrary to

or denatured the provisions of this Ordinance shall be guilty of an spirits. offence.

78.-(1) If any person is charged with the posses- Onus of sion or control of dutiable liquors contrary to the proof,etc. provisions of this Ordinance it shall upon proof of possession be presumed that the duty had not been paid, and the accused shall accordingly be liable to be convicted of such possession or control unless he proves beyond a reasonable doubt either that the duty had been paid or that he had good and sufficient reason to believe that it had been paid.

(2) If in any such case the accused produces evidence in order to prove either that the duty had been paid or that he had good and sufficient reason to believe that it had been paid it shall be lawful for the complainant to produce in reply any evidence tending to prove that the duty had not been paid or that the accused had not good and sufficient reason to believe that it had been paid, as the case may be.

(3) Without prejudice to the presumption against the accused under sub-section (1), it shall be the duty of the complainant to produce to the court or magistrate as part of the case for the prosecution any evidence which he may have tending to prove either that the duty had not been paid or that the accused had not good and sufficient reason for believing that it had been paid.

(4) The right conferred by sub-section (2) on the complainant to produce evidence in reply shall not be deemed to be affected by any non-compliance with the provisions of sub-section (3), and it shall be law- ful for the complainant to produce such evidence in reply notwithstanding such non-compliance: Provid ed that in the event of such non-compliance the court or magistrate may give leave to the accused to produce any further evidence in answer to the evidence pro- duced by the complainant under sub-section (2), if the court or magistrate shall be of the opinion that the accused would otherwise be prejudced by such non-compliance and that in the interests of justice such leave should be granted.