Section 22State of Maharashtra Act

Section 22: Presumption as to offences under section 3

The Maharashtra Control Of Organised Crime Act, 1999.

Presumption as to offences under section 3.

(1)

In a prosecution for an offence of organised crime punishable under section 3, if it is proved—

(a)

that 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 including documents or papers were used in the commission of such offence; or

(b)

that by the evidence of an expert, the finger prints of the accused were found at the site of the offence or on anything including unlawful arms and other material including documents or papers and vehicle used in connection with the commission of such offence,

the Special Court shall presume, unless the contrary is proved, that the accused had committed such offence.

(2)

In a prosecution for an offence of organised crime punishable under sub-section (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 such person has committed the offence under the said sub-section (2).

Sec 21 — Modified application of certain provisions of the Code

Sec 23 — Cognizance of, and investigation into, an offence

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