Penalty for use of unstamped commercial weights and measures

Penalty for use of unstamped commercial weights and measures.-Whoever uses in any transaction for trade, business or commerce, or has in his possession for such use any commercial weight or measure or any weighing or measuring instrument which has not been verified or re-verified or stamped in accordance with the provisions of this Act and the rules made thereunder shall be punishable for a first offence, with fine which may extend to five hundred rupees, and, for a second or subsequent offence, with imprisonment for a term which may extend to three months or with fine or with both. Explanation 1.-If any such weight or measure or weighing or measuring instrument is found in the possession of any trader or any employee or agent of such trader, such trader, employee or agent shall be presumed, until the contrary is proved, to have had it in his possession for use in transactions for trade, business or commerce. Explanation 2.-Where any offence under this section is committed by any employee or agent of a trader on behalf of such a trader, such trader shall, unless he proves that the offence was committed by his employee or agent without his knowledge or consent, be deemed to be guilty of the offence.