Except where he is permitted under the Standards Act so to do, whoever makes or manufactures any weight or measure which,
(a) though ostensibly purports to conform to the standards established by or under that Act, does not actually to the said standards, or
(b) bears thereon any indication of weight or measure which is not in conformity with the standards of weight or measure established by or under that Act, whether such indication is or is not in addition to the indication of weight or measure in accordance with the said standards,
shall be punished with imprisonment for a term which may extend to one year, or with fine which may extend to two thousand rupees, or with both and, for the second or subsequent offence, with imprisonment for a term which may extend to three years and also with fine.