Whoever uses any report of a test or analysis made by the Central Drugs Laboratory or by a Government Analyst, or any extract from such report, for the purpose of advertising any drug 5 [or cosmetic], shall be punishable with fine, which may extend to five hundred rupees.
6 [30. Penalty for subsequent offences.— 7 [(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 not be 1 0 [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 11 [less than seven years and of fine of less than one lakh rupees];
1. Subs. by Act 13 of 1964, s.19, for s. 28 (w.e.f.15-9-1964).
2. Ins. by Act 68 of 1982, s. 23 (w.e.f. 1-2-1983).
3. Subs. by Act 26 of 2008 s. 7. Earlier Subs. by Act 68 of 1982, s.23.
4. Ins. by Act 68 of 1982, s. 24, (w.e.f. 1-2-1983).
5. Ins. by Act 21 of 1962, s. 15 (w.e.f.27-7-1964).
6. Subs. by Act 11 of 1955, s. 14, for s. 30.
7. Subs. by Act 68 of 1982, s. 25, for sub-section (1) (w.e.f. 1-2-1983).
8. Subs. by Act 68 of 1982 s. 22, for s. 27A (w.e.f. 1-2-1983), Earlier s. 27A was inserted by Act 21 of 1962, s 19 (w.e.f. 27-7-1964).
9. Subs. by Act 26 of 2008 s. 7, for clause (i) and (ii) (w.e.f. 10-8-2009).
10. Subs. by Act 26 of 2008 sec. 11(a)(i)(A), for ―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)
11. Subs. by Act 26 of 2008 sec. 11(a)(i)(B), for ―less than two years and of fine of less than ten thousand rupees‖; (w.e.f. 10-8-2009).
12. Subs. by Act 26 of 2008 s. 7, for ―with fine which may extend to one thousand rupees or with both‖ (w.e.f. 10-8-2009).
Drugs and Cosmetics Act, 1940 23
(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 shall 1 2 [ 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 13 [fifty thousand rupees], or with both.]
1 [(1A) Whoever, having been convicted of an offence under section 27A is again 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 tears, or with fine which shall not be less than ten thousand rupees], or with both.]