(1) Whoever-

(a) commits a breach of any rule made under section 2, or

(b) imports 10[***] without a license 9[into 8[India] across a customs frontier defined by the Central Government] any poison the importation of which is for the time being restricted under section 3, or

(c) breaks any condition of a license for the poison granted to him under section 3,

shall be punishable,-

(i) on a first conviction, with imprisonment for a term which may extend to three months, or with fine which may extend to five hundred rupees, or with both, and

(ii) on a second or subsequent conviction, with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.

(2) Any poison in respect of which an offence has been committed under this section, together with the vessels, packages or. coverings in which the same is found, shall be liable to confiscation.