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Standards of Weights and Measures (Enforcement) Act, 1985


37. Penalty for counterfeiting of seals, etc.-

1.     Whoever--

              i.        counterfeits any seal specified by or under this Act or the Standards Act, or

             ii.        sells or otherwise disposes of any counterfeit seal, or

            iii.        possesses any counterfeit seal, or

            iv.        counterfeits any stamp, specified by or under this Act or the Standards Act or any rule made under either of those Acts, or

             v.        removes any stamp made, whether under this Act or the Standards Act or any rule made under either of those Acts, or tampers with any stamp so made, or

            vi.        removes any stamp made, whether under this Act or the Standards Act or any rule made under either of those Acts, and affixes the stamp so removed on, or inserts the same into, any other weight or measure, or

           vii.        increases or diminishes or alters in any way any weight or measure with a view to deceiving any person or knowing or having reason to believe that any person is likely to be deceived thereby, shall be punished with imprisonment for a term which shall not be less than six months but which may extend to two years, and, for the second or subsequent offence, with imprisonment for a term which shall not be less than one year but which may extend to five years and also with fine.

2.     Whoever obtains, by unlawful means, possession of any seal specified by or under this Act or the Standards Act and uses, or causes to be used, any such seal for making any stamp on any weight or measure with a view to representing that the stamp made by such seal is authorised by or under this Act or the Standards Act "shall be punished with imprisonment for a term which shall not be less than six months but which may extend to two years, and for the second or subsequent offence, with imprisonment for a term which shall not be less than one year but which may extend to five years and also with fine.

3.     Whoever, being in lawful possession of a seal specified by or under this Act or the Standards Act uses, or causes to be used, such seal without any lawful authority for such use, "shall be punished with imprisonment for a term which shall not be less than six months but which may extend to two years, and, for the second or subsequent offence, with imprisonment for a term which shall not be less than one year but which may extend to five years and also with fine".

4.     Whoever sells, or offers or exposes for sale or otherwise disposes of any weight or measure which, he knows or has reason to believe, bears thereon a counterfeit stamp, "shall be punished with imprisonment for a term which shall not be less than six months but which may extend to two years, and, for the second or subsequent offence, with imprisonment for a term which shall not be less than one year but which may extend to five years and also with fine".



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