Section 33J of Drugs and Cosmetics Act 1940 - Penalty for subsequent offences.

Section 33J Penalty for subsequent offences: Drugs and Cosmetics Act 1940

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 1[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 2[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 2[one lakh rupees or three times the value of the drugs confiscated, whichever is more;]

(c) under 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 3[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].

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1. Subs, by s. 16, ibid., for "two thousand rupees" (w.e.f. 10-8-2009).

2. Subs. by Act 26 of 2008 s. 16, for "five thousand rupees" (w.e.f. 10-8-2009).

3. Subs. by s. 16, ibid., for "six months and with fine which shall not be less than one thousand rupees " (w.e. f . 10-8-2009).