makes, disposes of, or has in his possession, any die, block,
machine, plate or other instrument for the purpose of falsifying, or of being used for
falsifying, a trade mark; or
applies any false trade description to goods, or
applies to any goods to which an indication of the country or place
in which they were made or produced or the name and address of the manufacturer or person
for whom the goods are manufactured is required to be applied under section 117, a false
indication of such country, place, name or address, or
tampers with, alters or effaces an indication of origin which has
been applied to any goods to which it is required to be applied under section 117, or
causes any of the things above mentioned in this section to be done;
shall, unless he proves that he acted without intent to defraud, be punishable with
imprisonment for a term which may extend to two years, or with fine, or with both;
Provided that where the offence under this section is in relation to
goods or any package containing goods which are drugs within the meaning of clause (b) or
section 3 of the Drugs Act, 1940, or "food" as defined in clause (v) of section
2 of the Prevention of Food Adulteration Act, 1954, the offender shall be punishable with
imprisonment for a term which may extend to three years, or with fine, or with both.
