A legal presumption, and that too, in a criminal enactment having severe penal punishments, must be viewed and interpreted strictly and with due legal care. For the burden ...........

 A legal presumption, and that too, in a criminal enactment having severe penal punishments, must be viewed and interpreted strictly and with due legal care. For the burden of proof to shift upon the accused to prove the contrary, the prosecution must first prove the factum of the accused’s possession of explosive substance. Thus, once this fact of the accused’s possession of explosive substance is proved by the prosecution, the onus would shift upon the accused to prove that the possession of explosive substance was for lawful justification or for lawful purpose. And in absence of any evidence produced by the accused in justification thereof, it would prove the contrary; an intention aligned with the requirement of purpose of stipulated in Section 6(l){c) of the ATA.

Criminal Petition No. 809-L of 2017
Muhammad Asjad vs The State, etc.