Whoever, in contravention of the provisions of this Act, or of any rule, regulation or order made thereunder or of any licence, pass, permit or authorisation granted by or under this Act, imports, exports, transports, consumes, uses, possesses, sells or buys opium, shall, on conviction, be punished for each such offence with imprisonment for a term which may extend to three years and also with fine:Provided that, in the absence of special and adequate reasons to the contrary to be mentioned in the judgement of the Court,—(i)for a first offence, such imprisonment shall not be less than six months, and fine shall not be less than five hundred rupees;(ii)for a second offence, such imprisonment shall not be less than nine months, and fine shall not be less than one thousand rupees;(iii)for a third or subsequent offences, such imprisonment shall not be less than one year and fine shall not be less than one thousand rupees.
