The Prevention of Money-Laundering Act, 2002
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 search, it shall be presumed that-
i.
such
records or property belong or belongs to such person;
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 person' 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.
1.
2. Where
any records have been received from any place outside India, duly authenticated
by such authority or person and in such manner as may be prescribed, in the
course of proceedings under this Act, the Special Court, the Appellate Tribunal
or the adjudicating Authority, as the case may be, shall-
a. presume, that the
signature and every other part of such record which purports to be in the
handwriting of any particular person or which the court may reasonably assume
to have been signed by, or to be in the handwriting of, any particular person,
s in that person's handwriting; and in the case of a record executed or
attested, that it was executed or attested by the person by whom it purports to
have been so executed or attested;
b. admit the document in
evidence, notwithstanding that it is not duly stamped, if such document is
otherwise admissible in evidence.