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THE DRUGS AND COSMETICS ACT, 1940 · PROVISIONS RELATING TO AYURVEDIC, SIDDHA AND UNANI DRUGS

Section 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 7[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 than1[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 1[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 2[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].