Question
When records or property are found in possession or
control of any person during a survey or search, which of the following presumptions are made?Solution
Section 22 Presumption as to records or property in certain cases: (1) Where any records or property are or is found in the possession or control of any person in the course of a survey or a search1[or where any record or property is produced by any person or has been resumed or seized from the custody or control of any person or has been frozen under this Act or under any other law for the time being in force,] it shall be presumed that-- (i) such records or property belong or belongs to such person; (ii) the contents of such records are true; and (iii) the signature and every other part of such records which purport to be in the handwriting of any particular person or which may reasonably be assumed to have been signed by, or to be in the handwriting of, any particular person, are in that persons handwriting, and in the case of a record, stamped, executed or attested, that it was executed or attested by the person by whom it purports to have been so stamped, executed or attested.
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