Whoever in contravention of the provisions of section 42 or of any rule or order made or licence, permit or pass granted under this Act, imports, exports, collects, transports, sells, buys or has in his possession mhowra flowers shall, on conviction, be punished,-
(i)for a first offence, with imprisonment for a term which may extend to six months and with fine which may extend to one thousand rupees:
Provided that in the absence of special and adequate reasons to the contrary to be mentioned in the judgment of the Court, such imprisonment shall not be less than three months and fine shall not be less than five hundred rupees;
(ii)for a second offence, with imprisonment for a term which may extend to two years and with fine which may extend to two thousand rupees:
Provided that in the absence of special and adequate reasons to the contrary to be mentioned in the judgment of the Court, such imprisonment shall not be less than six months and fine shall not be less than one thousand rupees;
(iii)for a third and subsequent offences, with imprisonment which may extend to two years and with fine which may extend to two thousand rupees:
Provided that in the absence of special and adequate reasons to the contrary to be mentioned in the judgment of the Court, such imprisonment shall not be less than nine months and fine shall not be less than one thousand rupees:
Provided further that no person shall be punished in respect of any mhowra flowers which are either growing on a tree or are lying uncollected on the ground as they have fallen from a tree.