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Section 33J: Penalty for subsequent offences
1[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 2[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 3[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 3[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 4[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].]
Source: official text of The Drugs and Cosmetics Act, 1940 as published on India Code (PDF). All sections of the Drugs and Cosmetics Act, 1940.