Penalty for illegal import, etc., of mhowra flowers

Whoever, in contravention of the provisions of this Act, or of any rule, regulation or order made or licence, permit or pass granted thereunder, 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 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 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 collected on the ground as they have fallen from a tree.