Evidence and burden of proof

(1) In any proceedings taken or instituted under these Regulations, any of the following averments shall be sufficient Supplies Control 69 without proof of any such fact, unless the defendant in such proceedings proves to the contrary– (a) that any person is a Price Control Officer; (b) that goods are of a class or description controlled under some specified provision of (c) that the maximum or minimum permitted price of goods are stated in the information or (d) that a certain quantity of certain goods are subject of sale by “wholesale” or by “retail” as the case may be; (e) that certain goods are from a particular shipment or shipments or that they were imported on or before a stated date. (2) The burden of proving that a case comes within any exception described in these Regulations shall be on the person alleging the same. (3) The burden of proving that the price at which goods were sold or bought, as the case may be, was not in contravention of the price as regulated or sanctioned by these Regulations shall be on the person alleging the same. (4) When any goods are found on the business premises of a vendor, the onus of proving that such goods are not on such premises for the purpose of sale shall be on the vendor. (5) A cost sheet showing the price of imported goods, the date of importation, the importer, and all other matters as contained in a cost sheet under the Third Schedule to these Regulations shall be admissible in evidence without proof of the 70 Supplies Control signature of the Controller of Supplies, a price control officer or persons authorised by the Controller of Supplies and shall be prima facie evidence of the truth of all matters therein contained. (6) A certificate signed by the Controller of Supplies certifying that goods are of a class or description controlled under some specified provision of these Regulations, and certifying the maximum permitted price thereof, shall be prima facie evidence in all Courts of justice and for all purposes of the facts therein certified, without the necessity of adducing proof of the signature appearing or such certificate, and the burden of proving that the price at which goods were sold or bought, as the case may be, was not in excess of the price as regulated or sanctioned by these Regulations, shall be on the person alleging the same. (7) Any fact of which oral evidence may be given in any proceeding under these Regulations may be admitted for the purpose of those proceedings by or on behalf of the prosecution or defendant, and the admission by any party of any such fact under this section shall as against that party be conclusive evidence in those proceedings of the fact admitted.