41. Whoever, in the course of trade or commerce, sells, distributes, delivers or otherwise transfers, or causes to be sold, distributed, delivered or otherwise transferred any commodity in a packaged form which does not conform to the standards of weight or measure established by or under this Ordinance, shall be punished with fine which may extend to five thousand Taka, and, for the second or subsequent offence, with imprisonment for a term which may extend to three years and also with fine.