Section 33J: Penalty for subsequent offences

The Drugs and Cosmetics Act, 1940Central Act · Act 23 of 1940

[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) 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 [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].]

Where this provision sits

Act	The Drugs and Cosmetics Act, 1940
Section	33J
Marginal note	Penalty for subsequent offences
Jurisdiction	Central
Status	In force as published by the source

How this provision has been amended

Taken from the footnotes printed with the provision by the source. Where a footnote names the amending instrument, it is quoted as printed.

substituted. . Subs. by s. 33, ibid., for sections 33-I and 33J (w.e.f. 1-2-1983).
substituted. . Subs, by s. 16, ibid., for "two thousand rupees" (w.e.f. 10-8-2009).
substituted, Act 26 of 2008. . Subs. by Act 26 of 2008 s. 16, for "five thousand rupees" (w.e.f. 10-8-2009).
substituted. . 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).

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