85. Punishment for illegal possession etc., of gold.
- [(1)] [Renumbered by Act 36 of 1973.] Whoever, in contravention of the provisions of this Act or any rule or order made thereunder,-(i)makes, manufactures, prepares or processes any primary gold, or(ii)owns or has in his possession, custody or control any primary gold, or(iii)buys or otherwise acquires, or accepts or otherwise receives, or agrees to buy or otherwise acquire or to accept or otherwise receive, any primary gold, or(iv)sells, delivers, transfers or otherwise disposes of, or agrees to sell, deliver, transfer or otherwise dispose of, or exposes or offers for sale, delivery, transfer or disposal, any primary gold, or(v)melts, assays, refines, extracts, alloys, or converts any gold or subjects it to any other process, or(vi)makes, manufactures, prepares, repairs, polishes or processes, or places any order for the making, manufacturing, preparing, repairing, polishing or processing of, any article or ornament, or(vii)buys or otherwise acquires, or accepts or otherwise receives, or agrees to buy or otherwise acquire or to accept or otherwise receive, or sells, delivers, transfers or otherwise disposes of, or agrees to sell, deliver, transfer or otherwise dispose of, or exposes or offers for sale, delivery, transfer or other disposal, any article or ornament, or(viii)owns or has in his possession, custody or control any article or ornament, or(ix)carries on any business or transaction in gold for which a licence or certificate is required to be obtained by or under this Act, or(x)carries on business as a banker or money-lender;[shall, without prejudice to any other action that may be taken under this Act, be punishable-(a)if the offence is under clause (i), (ii), (iii), (iv) or (viii) the offence under clause (viii) being a contravention of sub-section (3) of Section 55] and the value of the gold involved therein exceeds one lakh of rupees, with imprisonment for a term which may extend to seven years and with fine:Provided that in the absence of special and adequate reasons to the contrary to be recorded in the judgment of the court such imprisonment shall not be for a term of less than six months;(b)in any other case, with imprisonment for a term which may extend to three years, or with fine, or with both.](2)[ If any person convicted of an offence under this section, or under sub-section (2) of Section 95, is again convicted of an offence under this section, then, he shall be punishable to for the second and for every subsequent offence with imprisonment for a term which may extend to seven years and with fine:Provided that in the absence of special adequate reasons to the contrary to be recorded in the judgment of the court such imprisonment shall not be for a term of less than six months.(3)For the purposes of sub-sections (1) and (2), the following shall not be considered as special and adequate reasons for awarding a sentence of imprisonment for a term of less than six months, namely:-(i)the fact that the accused has been convicted for the first time for an offence under this Act;(ii)the fact that in any proceeding under this Act, other than a prosecution, the accused has been ordered to pay a penalty or the goods in relation to such proceedings have been ordered to be confiscated or any other action has been taken against him for the same act which constitutes the offence;(iii)the fact that the accused was not the principal offender and was acting merely as a carrier of goods or otherwise was a secondary party to the commission of the offence;(iv)the age of the accused.]
