Legal possession and trading of gemstones

m.karthikeyan (Querist) 05 July 2014 This query is : Resolved
I am a Law student. I am studying a project on Regularisation of antiques and gemstones trading in unorganized sector, creating awareness among public the pros and cons, thereby leading to the upliftment of Indian Economy.
I will be much thankful if a Senior Professional clarify a case in following different situations.
The case is Mr.A possess a valuable precious gem stone and would like to sell the same legally in domestic market. I doubt whether his possession is questionable and cause any criminal consequences under the following situation.
1. If a gemstone is obtained by Mr.A in a river bed(non-Forest area) while he went to take bath.
2. The gemstone which Mr.A picked from a load of blue metal stones used for construction purposes.
3. Mr.A got a gemstone in a road-show from a Antiques seller.
4. A saint/Sithar/swamigal gifted to Mr.A a gemstone.
5. Mr.A’s deceased grandfather gifted a gemstone to Mr.A
If the gemstone is obtained and mined in Forest restricted area, it attracts Forest Act.
If the gemstone is illegally mined in non-forest areas it attracts appropriate action under Mines and Minerals Act.
If the gemstone is a stolen one, it attracts action under Criminal Law.
However, I would like to know in particular the position of Mr.A under the above 5 circumstances.
Next, I understand that Income Tax is payable under the head Capital Gains on the income derived from sale of Antiques and gemstones as per norms.
Please clarify my doubts and your opinion on these matters is most welcome.

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