If in any prosecution for the failure to comply with a provision of subsection (1) of section 10, it is proved—
| (a) | that the accused was on a particular day the owner, occupier or manager of any place of entertainment to which admission is obtained by virtue of any consideration, whether directly or indirectly, or by virtue of any contribution to any fund or for any purpose or by virtue of membership of any association of persons, or that such place of entertainment was on the particular day under the control or supervision of the accused; and |
| (b) | that on the particular day any other person, while he was in or on such place of entertainment, and in contravention of the provisions of this Act, used or was in possession of, or dealt in, any drug, |
it shall be presumed that the accused had reason for the suspicion contemplated in that subsection, unless he proves—
| (i) | that he was not on the particular day aware that any person was using or had in his possession or was dealing in such drug in or on that place of entertainment; and |
| (ii) | that the circumstances under which the proven use or possession of, or dealing in, such drug occurred were not of such a nature that he could reasonably have been expected to have been aware of it or to have suspected that a person was using or had in his possession or was dealing in such drug in or on that place of entertainment; and |
| (iii) | if those circumstances were of such a nature that it could reasonably be expected of him to have taken precautions against the use or possession of, or dealing in, such drug in or on that place of entertainment by any person, that such precautions had been taken. |
