Section 30 of Drugs and Cosmetics Act 1940 - Penalty for subsequent offences

Section 30 Penalty for subsequent offences`: Drugs and Cosmetics Act 1940

2 [(1) Whoever having been convicted of an offence,-

(a) under clause (b) of section 27 is again convicted of an offence under that
clause, shall be punishable with imprisonment for a term which shall 3 [not be less than seven years but which may extend to ten years and with fine which shall not be less than two lakh rupees]:

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 4[less than seven years and of fine of less than one lakh rupees];

(b) under clause (c) of section 27, is again convicted of an offence under that clause shall be punishable with imprisonment for a term which 5[shall not be less than ten years but which may extend to imprisonment for life and with fine which shall not be less than three lakh rupees.]

(c) under clause (d) of section 27, 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 extend to four years or with fine which shall not be less than 6[fifty thousand rupees], or with both.]

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1. Subs. by Act 11 of 1955, s. 14, for s. 30.

2. Subs. by Act 68 of 1982, s. 25, for sub-section (1) (w.e.f. 1-2-1983).

3. Subs. by Act 26 of 2008, s. 11 for "not be less than two years but which may extend to six years and with fine which shall not be less than ten thousand rupees"(w.e.f. 10-8-2009).

4. Subs. by s. 11, ibid., for "less than two years and of fine of less than ten thousand rupees (w.e.f. 10-8-2009).

5. Subs. by s. 11, ibid., for "shall not be less than six years but which may extend to ten years and with fine which shall not be less than ten thousand rupees" (w.e.f. 10-8-2009).

6. Subs. by s. 11, ibid., for "five thousand rupees" (w.e.f. 10-8-2009).

1[(1A) Whoever, having been convicted of an offence under section 27A is again convicted convicted under that section, shall be punishable with imprisonment for a term which may extend to two years, or with fine which may extend to 2 [two thousand rupees], or with both.]

(2) Whoever, having been convicted of an offence under 3 *** section 29 is again convicted of an offence under the same section shall be punishable with imprisonment which may extend to 4 [two years, or with fine which shall not be less than ten thousand rupees or with both.]]

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1. Ins. by Act 21 of 1962, s. 20 (w.e.f. 27-7-1964).
2. Subs. by Act 68 of 1982, s. 25, for "one thousand rupees" (w.e.f. 1-2-1983).
3. The words and figures "section 28 or" omitted by Act 13 of 1964, s. 20 (w.e.f. 15-9-1964).
4. Subs. by Act 26 of 2008, s. 11, for "ten years or with fine or with both" (w.e.f. 10-8-2009)