The Drugs and Cosmetics Act, 1940
Section 33J. Penalty for subsequent offences
1[33J. Penalty for subsequent offences.---Whoever having been convicted of an offence,---
(a) under clause (a) of sub-section (1) of section 33-I is again convicted of an offence under that clause, shall be punishable with imprisonment for a term which may extend to two years and with fine which shall not be less than 2[fifty thousand rupees or three times the value of the drugs confiscated, whichever is more];
(b) under clause (b) of sub-section (1) of section 33-I is again convicted of an offence under that clause, shall be punishable with imprisonment for a term which shall not be less than two years but which may be extend to six years and with fine which shall not be less than 3[one lakh rupees or three times the value of the drugs confiscated, whichever is more]:
Provided that the Court may, for any adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment for a term of less than two years and of fine of less than 3[one lakh rupees or three times the value of the drugs confiscated, whichever is more];
4[(c)(i) under clause (a) of sub-section (2) of section 33-I is again convicted of an offence under that sub-section, shall be punishable with imprisonment for a term which may extend to one year and with fine which shall not be less than twenty thousand rupees or three times the value of the drugs confiscated, whichever is higher;
(ii) under clause (b) of sub-section (2) of section 33-I is again convicted of an offence under that sub-section, shall be punishable with fine which shall not be less than fifty thousand rupees or six times the value of the drugs confiscated, whichever is higher.].]
Source: IndiaCode Portal, Legislative Department, Ministry of Law and Justice, Government of India. Open on India Code Check against the official text before relying on it.
Cases citing this section
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