78. PENALTY FOR APPLYING FALSE TRADE MARKS, TRADE DESCRIPTIONS, ETC. - (a) Falsifies any trade mark; or
(b) Falsely applies to goods any trade mark; or
(c) Makes, dispose 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 -
(d) Applies any false trade description to goods, or
(e) 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 See. 1 17, a false indication of such country, place, name or address; or
(f) 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 Sec. 1 17; or
(g) Causes any of the things above mentioned in this section to lie 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 Hearing of Cl. (b) of Sec. 3 of the Drugs and Cosmetics Act, 1940 (23 of 1940) or “food” as defined in Cl. (v) of Sec. 2 of the Prevention of Food Adulteration Act, 1954 (37 of 1954) the offender shall be punishable with imprisonment for a term which may extend to three years, or with fine, or with both.
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