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Section 44, Legal Metrology Act 2009: Penalty For Counterfeiting Of Seals, Etc

Section 44 (Penalty for counterfeiting of seals, etc) under Chapter V (Offences and Penalties) of the Legal Metrology Act, 2009, reads as follows:—


(1) Whoever—

   (i) counterfeits any seal specified by or under this Act or the rules made thereunder, or
   (ii) sells or otherwise disposes of any counterfeit seal, or
   (iii) possesses any counterfeit seal, or
   (iv) counterfeits or removes or tampers with any stamp, specified by or under this Act or rules made thereunder, or
   (v) affixes the stamp so removed on, or inserts the same into, any other weight or measure,

shall be punished with imprisonment for a term which shall not be less than six months but which may extend to one year and for the second or subsequent offence, with imprisonment for a term which shall not be less than six months but which may extend to five years.

Explanation.—In this sub-section, “counterfeit” shall have the meaning assigned to it in section 28 of the Indian Penal Code (45 of 1860).

(2) Whoever obtains, by unlawful means, any seal specified by or under this Act or the rules made thereunder 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 rules made thereunder shall be punished with imprisonment for a term which shall not be less than six months but which may extend to one year and for the second or subsequent offence, with imprisonment for a term which shall not be less than six months but which may extend to five years.

(3) Whoever, being in lawful possession of a seal specified by or under this Act or the rules made thereunder, 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 one year and for the second or subsequent offence, with imprisonment for a term which shall not be less than six months but which may extend to five years.

(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 one year and for the second or subsequent offence, with imprisonment for a term which shall not be less than six months but which may extend to five years.

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