Section 33-I. Penalty for manufacture, sale, etc., of Ayurvedic, Siddha or Unani drug in contravention of this Chapter
Whoever himself or by any other person on his behalf —
(1) manufactures for sale or for distribution — (a) any Ayurvedic, Siddha or Unani drug (i) deemed to be misbranded under section 33E, (ii) deemed to be adulterated under section 33EE, or (iii) without a valid licence or in violation of any of the conditions thereof, as required under section 33EEC, 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;
(b) any Ayurvedic, Siddha or Unani drug deemed to be spurious under section 33EEA, shall be punishable with imprisonment for a term which shall not be less than one year but which may extend to three 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, subject to the Court’s power, for adequate and special reasons, to impose a lesser sentence and fine; or
(c) any Ayurvedic, Siddha or Unani drug in contravention of the provisions of any notification issued under section 33EED shall be punishable with imprisonment for a term which may extend to three years and with fine which may extend to fifty thousand rupees or three times the value of the drugs confiscated, whichever is more.
(2) Contravenes any other provisions of this Chapter or of section 24 as applied by section 33H or any rule made under this Chapter, shall be punishable with imprisonment for a term which may extend to six months and with fine which shall not be less than ten thousand rupees.
Source: The Drugs and Cosmetics Act, 1940 (Act No. 23 of 1940), Chapter IVA, as amended by Act 26 of 2008.
