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The Drugs and Cosmetics Act, 1940

Chapter IV — A PROVISIONS RELATING TO AYURVEDIC, SIDDHA AND UNANI DRUGS

Section 33JPenalty for subsequent offences

Read in the full Act
Section 33J: Penalty for subsequent offences

33J. Penalty for subsequent offences

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 [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 [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 [one lakh rupees or three times the value of the drugs confiscated, whichever is more];

(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..

Amendment notes (4)
  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 s. 16, ibid., for "two thousand rupees" (w.e.f. 10-8-2009).
  3. 3Subs w.e.f. 10-8-2009 Subs. by Act 26 of 2008 s. 16, for "five thousand rupees" (w.e.f. 10-8-2009).
  4. 4Subs w.e.f. 1-7-2026 Subs. by Act 8 of 2026, s. 2 and Sch. for clause (c) (w.e.f. 1-7-2026).