Whoever himself or by any other person on his behalf-
(1) manufactures for sale or for distribution, -
2[(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 3 [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 reasons 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 3 [fifty thousand rupees or three times the value of the drugs confiscated, whichever is more]; or
4 [(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) Contravenes any other provisions of this Chapter or of 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 5 [six months and with fine which shall not be less than ten thousand rupees].
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1. Subs. by s. 33, ibid., for sections 33-I and 33J (w.e.f. 1-2-1983).
2. Subs. by Act 26 of 2008, s. 15, for clause (a) (w.e.f. 10-8-2009).
3. Subs. by s. 15, ibid., for "five thousand rupees" (w.e.f. 10-8-2009).
4. Ins. by s. 15, ibid. (w.e.f. 10-8-2009).
5. Subs. by s. 15, ibid., for "three months and with fine which shall not be less than five hundred rupees" (w.e.f. 10-8-2009).
Section 31A Application of provisions to Government departments
Section 32 Cognizance of offence
Section 32A Power of Court to implead the manufacturer, etc.
Section 32B Compounding of certain offences
Section 33 Power of Central Government to make rules
Section 33A Chapter not to apply to Ayurvedic, Siddha or Unani drugs
Section 33B Application of Chapter IVA
Section 33C Ayurvedic and Unani Drugs Technical Advisory Board
Section 33D The Ayurvedic, Siddha and Unani Drugs Consultative Committee
Section 33EE Adulterated drugs
Section 33EEB Regulation of manufacture for sale of Ayurvedic, Siddha and Unani drugs
Section 33EEC Prohibition of manufacture and sale of certain Ayurvedic, Siddha and Unani drugs
Section 33F Government Analysts
Section 33H Application of provisions of sections 22, 23, 24 and 25
Section 33J Penalty for subsequent offences
Section 33KA Disclosure of name of manufacturer, etc
Section 33KB Maintenance of records and furnishing of information
Section 33L Application of provisions to Government departments
Section 33M Cognizance of offences
Section 33N Power of Central Government to make rules