(1) ] Without prejudice to any action that may be taken under this Act, if any person--
is in relation to any goods in any way knowingly concerned in any fraudulent evasion or attempt at evasion of any duty chargeable thereon or of any prohibition for the time being imposed under this Act or any other law for the time being in force with respect to such goods, or
acquires possession of or is in any way concerned in carrying, removing, depositing, harbouring, keeping, conceal- ing, selling or purchasing or in any other manner dealing with any goods which he knows or has reason to believe are liable to confiscation under section 111, he shall be punishable,-
in the case of an offence relating to any of the goods which section 123 applies and the market price where of exceeds one lakh of rupees, with imprisonment for a term which may extend to 2[ 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 less than 3[ three year]
in any other case, with imprisonment for a term which may extend to 4[ Three year], or with fine, or with both.