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The Drugs and Cosmetics Act, 1940

Section 33-IPenalty for manufacture, sale, etc., of Ayurvedic, Siddha or Unani drug in contravention of this Chapter

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Section 33-I: Penalty for manufacture, sale, etc., of Ayurvedic, Siddha or Unani drug in contravention of this Chapter

33-I. Penalty for manufacture, sale, etc., of Ayurvedic, Siddha or Unani drug in contravention of this Chapter

33-I. Penalty for manufacture, sale, etc., of Ayurvedic, Siddha or Unani drug in contravention of this Chapter.— Whoever himself or by any other person on his behalf---

(1)

manufactures for sale or for distribution,—

(a)

any Ayurvedic, Siddha or Unani drug—

(i)

deemed to be misbranded under section 33E,

(ii)

deemed to be adulterated under section 33EE, or

(iii)

without a valid licence or in violation of any of the conditions thereof, as required under section 33 EEC, 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 more;

(b)

any Ayurvedic, Siddha or Unani drug deemed to be spurious under section 33EEA, shall be punishable with imprisonment for a term which shall not be less than one year but which may extend to three years and with fine which shall not be less than [ fifty thousand rupees or three times the value of the drugs confiscated, whichever is more]:

Provided that the Court may, for any adequate and special reas ons to be mentioned in the judgment, impose a sentence of imprisonment for a term of less than one year and of fine of less than [fifty thousand rupees or three times the value of the drugs confiscated, whichever is more]; or

(c)

any Ayurvedic, Siddha or Unani drug in contravention of the provisions of any notification issued under section 33EED shall be punishable with imprisonment for a term which may extend to three years and with fine which may extend to fifty thousand rupees or three times the value of the drugs confiscated, whichever is more.

(2)

(a) Contravenes any other provisions of this Chapter except section 24 as applied by section 33H or any rule made under this Chapter shall be punishable with imprisonment for a term which may extend to six months and with fine which shall not be less than ten thousand rupees;

(b)

contravenes section 24 as applied by section 33H, shall be punishable with fine which shall not be less than thirty thousand rupees..

Amendment notes (5)
  1. 1Subs w.e.f. 1-2-1983 Subs. by s. 33, ibid., for sections 33-I and 33J (w.e.f. 1-2-1983).
  2. 2Subs w.e.f. 10-8-2009 Subs. by Act 26 of 2008, s. 15, for clause (a) (w.e.f. 10-8-2009).
  3. 3Subs w.e.f. 10-8-2009 Subs. by s. 15, ibid., for "five thousand rupees" (w.e.f. 10-8-2009).
  4. 4Ins w.e.f. 10-8-2009 Ins. by s. 15, ibid. (w.e.f. 10-8-2009).
  5. 5Subs w.e.f. 1-7-2026 Subs. by Act 8 of 2026, s. 2 and Sch., for sub-section (2) (w.e.f. 1-7-2026).