(2)Whoever, being the holder of a licence for the sale or manufacture of any intoxicant under this Act, or a person in the employ of such holder [or any other person] [Inserted by Act 27 of 2007 w.e.f. 29-8-2007],-(a)sells or keeps or exposes for sale as foreign liquor, liquor which he knows or has reason to believe to be Indian liquor; or(b)marks any bottle or the cork of any bottle, case, package, or other receptacle containing Indian liquor or uses any bottle, case, package or other receptacle containing Indian liquor, with any mark thereon or on the cork thereof, with the intention of causing it to be believed that such bottle, case, package or other receptacle contains foreign liquor, when such act shall not amount to the offence of using a false trade mark with intention to deceive or injure any person under section 482 of the Indian Penal Code; or(c)sells or keeps or exposes for sale any Indian liquor in a bottle,case, package or other receptacle with any mark thereon or on the cork thereof with the intention of causing it to be believed that such bottle, case, package or other receptacle contains foreign liquor, when such act shall not amount to the offence of selling goods marked with counterfeit trade mark under section 486 of the Indian Penal Code;shall, on conviction, be punished with imprisonment for a term which may extend to [five years and with fine which may extend to fifty thousand rupees.] [Substituted by Act 14 of 2005 w.e.f. 11.4.2005][Provided that the punishment,-(i)for the first offence shall be not less than [three years' imprisonment and fine of not less than twenty thousand rupees] ; and(ii)for the second and subsequent offences shall be not less than imprisonment for [five years and fine of not less than fifty thousand rupees] [Substituted by Act 14 of 2005 w.e.f. 11.4.2005] for each such offence;]
