38. Offences relating to trade marks of tobacco products and alcohol products

A person shall not distribute, sell or offer for sale, any article which is not a tobacco product or an alcohol product, bearing the trade mark, characteristic symbols, distinctive logo, or brand name of a tobacco product or any alcohol product.

A person shall not manufacture or import for sale, or distribute free of charge, any article which is not a tobacco product having the appearance of a tobacco product.

Any manufacturer or importer who contravenes the provisions of subsection (1) or any person who contravenes the provisions of subsection (2) or subsection (3) shall be guilty of an offence under this Act and shall be liable on conviction after summary trial before a Magistrate to a fine not exceeding fifty thousand rupees or to imprisonment for a period not exceeding two years or to both such fine and imprisonment.