Section 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 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 extend to six years and with fine which shall not be less than one lakh 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;
(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 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: The Drugs and Cosmetics Act, 1940 (Act No. 23 of 1940), Chapter IVA, as amended by Act 26 of 2008.
