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 with imprisonment for a term which may extend to two years or with fine which may extend to fifty thousand rupees or with both •

Provided 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 have fallen from a tree.