Whoever uses in any transa ctio n for trade or commerce, or has in his possession for such use, any commercial weigh t or measure or any weighing or measuring ins tru me nt which has no t been verified or re-verif ied or s tamped in accordance with the provisions of this Act and the rules mad e the reu nder shall be pun ishable for a first offence, with fine which may exte nd to one tho usa nd rupees, and for a second or sub se qu en t offence, wi th imprisonment for a period which may extend to thre e months, or with fine, or with bo th.
Explanation 1.— When any such weig ht or measure or weighing o r measuring ins tru me nt is found in the possession of any tra de r or any employee or agent of such tra de r, such tra de r, employee or age nt shal l be presumed, unt il the con trary is proved, to have had it in his possession for use in tran saction s for t rad e or com merce .
Explanation 2.— Where any weig ht or measure o r weigh ing or mea suring ins trument is used or possessed in con trav ent ion of this section by any employee or age nt of a trader on behalf of such a t rad er, such tra de r shall, unless he proves that the offence u nd er this section was com mit ted by his employee or age nt withou t his knowledge or con sent, be also deem ed to be gui lty of the offence.
20 . Pen al ty f or m anufa ct ure o f w eig h ts , e tc ., w ithou t li c e n se .—’ If any person manufactures, repairs , or sells any commerc ial weight or measure or weighing or measuring ins trument, w ithout obtaining a license as req uired by section 13, shall be pun ishabl e with imprisonment for a per iod which may extend to thr ee months, or with fine, or with bo th .