Section 9Part 0 —
Presumption of possession and knowledge of controlled drug
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Without prejudice to any other provision of this Act — (a) where it is proved beyond reasonable doubt that a person imported anything containing a controlled drug, it shall be presumed, until the contrary is proved, that such person knew that such drug was contained in such thing; (b) where it is proved beyond reasonable doubt that a person had in that person’s possession or custody or under that person’s control anything containing a controlled drug, it shall be presumed, until the contrary is proved, that such person was in possession of such drug; (c) where it is proved beyond reasonable doubt that a person supplied to any other person anything containing a controlled drug, it shall be presumed, until the contrary is proved, that such first-mentioned person knew that such drug was contained in such thing; (d) where it is proved beyond reasonable doubt that a person is in any way concerned in carrying, removing, harbouring, keeping, concealing, handling or dealing in any manner with anything containing a controlled drug, it shall be presumed, until the contrary is proved, that such person knew that such drug was contained in such thing; and (e) where it is proved beyond reasonable doubt that a person had in that person’s possession or custody or under that person’s control a dock warrant, warehouse warrant or order, baggage receipt or claim, airway-bill, bill of lading or other similar document relating to anything containing a controlled drug, it shall be presumed, until the contrary is proved, that such person was in possession of such drug.
The presumptions provided by subsection (1) shall not — (a) be rebutted by proof that a person never had physical possession of the controlled drug; nor (b) be construed as requiring the prosecution to prove any fact which, by virtue of any other provision of this Act, it does not have to prove.