Drugs and Cosmetics Act, 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 two thousand rupees;
(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 extend to six
years and with fine which shall not be less than five 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 five
thousand rupees;
(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 six months and with fine which shall not be less than
one thousand rupees.]