Penalty for unlawful making, issue or possession of such pieces
4. (1) In either of the following cases, namely:-
(a) if any person makes in contravention of the last foregoing section, or issues or attempts to issue, any such piece as is mentioned in that section,
(b) if, after the expiration of three months from the commencement of this Act, any person has in his possession, custody or control any such piece as is mentioned in the last foregoing section, with intent to issue the piece, the person shall be punished,
(i) if he has not been previously convicted under this section, with imprisonment which may extend to one year, or with fine, or with both; or,
(ii) if he has been previously convicted under this section, with imprisonment which may extend to three years, or with fine, or with both.
(2) If any person is convicted of an offence under sub-section (1), he shall, in addition to any other punishment to which he may be sentenced, forfeit all such pieces as aforesaid, and all instruments and materials for the making of such pieces, which may have been found in his possession, custody or control.
(3) If in the trial of any such offence the question arises whether any piece of metal or mixed metal was intended to be used or to be issued for use as money, the burden of proving that the piece was not intended to be so used or issued shall lie on the accused person.