act, 1985 (54 of 1985) % bs 3 a  36 whoever— penalty for manufacturing, (a) makes or manufacturers, or causes to be made or manufactured (except where he is permitted under the standards act so to do), any weight or measure in accordance with any standards other than the standards established by or under the standards act, or | etc,     | of    ||-----------|-------|| non-      |       || standard  |       || weights   | or    || measures |       |(b) (i) sells or otherwise transfers, or causes to be sold or otherwise transferred, or (ii) lets, or causes to be let, on hire, any weight or measure which has been manufactured in accordance with any standards other than the standards established by or under the standards act, shall be punished with imprisonment for a term which may extend to one year, and, for the second or subsequent offence, with imprisonment for a term which may extend to three years and also with fine | 37 (1) whoever— (i) counterfeits any seal specified by or under this act or the standards act, or penalty for counter feiting of seals, etc (ii) sells or otherwise disposes of any counterfeit seal, or (iti) possesses any counterfeit seal, or "ars (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 (co) 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 may extend to two years, and, for the second or subsequent offence, with imprisonment for a term 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 may extend to two years, and, for the second or subsequent offence, with imprisonment for a term 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 may extend to two years, and, for the second or subsequent offence, with imprisonment for a term 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 may extend to two years, and, for the second or subsequent offence, with imprisonment for a term which may extend to five years and also with fine penalty for sale 38 (1) except where he is permitted under the standards act so to or deli very of commodi do, whoever sells, or causes to be sold, delivers, of causes to be delivered, any commodity, article or thing by any weight, measure or number other than the standard weight or measure, 'shall >be »-punished with fine which may extend to two:thousand rupees, and, for the second or subsequent offence, with imprisonment for a term which may extend to one year and also with fine ties, etc, by non standard weight or measure (2) whoever renders, or causes to be rendered, any service in terms of any weight, measure or number other than the standard weight or measure, shall be punished with fine which may extend to two thousand rupees, and, for the second or subsequent offence with imprisonment for a term which may extend to one year and also with fine   ;  %  2 of 1974 '63 notwithstanding any thing contained in the code of criminal procedure, 1973,— cogniz ance of offences(a) no court shall take cognizance of an offence punishable under this act except upon a complaint, in writing, made by the controller or any other officer authorised in this behalf by the controller by general or special order;      