(1) Any person who—
(a) applies any false denomination to a variety; or
(b) indicates the false name of a country or place or false name and address of the breeder of a variety registered under this Act in the course of trading such variety,
shall, unless he proves that he acted, without intend to defraud, be punishable with imprisonment for a term which shall not be less than three months but which may extend to two years, or with fine which shall not be less than fifty thousand rupees but which may extend to five lakh rupees, or with both.