158. Where a person is charged with making any die, block, machine, or other Instrument for the purpose of forging or being used for forging, a mark, or with falsely applying to goods any mark or any mark so nearly resembling a mark as to be likely to mislead, or with applying to goods any false trade description or causing any of the things in this section mentioned to be done, and proves-
| (a) that in the ordinary course of his business he is employed, on behalf of other persons, to make dies, blocks, machines, or other instruments for making. or being used in making, marks, or as the case may be, to apply marks or descriptions to goods and that in the case which is the subject of the charge he was so employed by some person resident in Sri Lanka, and was not interested in the goods by way of profit or commission dependent on the sale of such goods; and |
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| (b) that he took reasonable precautions against commit- ting the offence charged; and |
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| (c) that he had, at the time of the commission of the alleged offence, no reason to suspect the genuine- ness of the mark or trade description ; and |
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| (d) that he gave to the prosecutor all the information in his power with respect to the person on whose be- half the mark or description was applied, |
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he shall be discharged from the prosecution, but shall be liable to pay the costs incurred by the prosecutor unless he has given due notice to him that he will rely on the above defence. |
Sri Lanka Consolidated Acts