Drugs and Cosmetics Act, 1940

30. Penalty for subsequent offences

¹²⁰ [(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 less than two years but which may extend to six years and with fine which shall not be less than ten thousand 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 less than two years and of fine of less than ten thousand rupees;

(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 not be less than six years but which may extend to ten years and with fine which shall not be less than ten thousand 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 five thousand rupees, or with both.]

¹²¹ [(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 ¹²²[two thousand rupees], or with both.]

(2) Whoever, having been convicted of an offence under ¹²³[***] section 29 is again convicted of an offence under the same section shall be punishable with imprisonment which may extend to ¹²⁴[ten years], or with fine, or with both.]

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