The Drugs and Cosmetics Act, 1940 · IV — MANUFACTURE, SALE AND DISTRIBUTION OF[3] [DRUGS AND COSMETICS]

Section 33J. Penalty for subsequent offences

In force · As amended up to 2026-08

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[6] [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[7] [one lakh rupees or three times the value of the drugs confiscated, whichever is more]: 1. Subs. by Act 68 of 1982, s. 33, ibid ., for sections 33-I and 33J (w.e.f. 1-2-1983). 2. Subs. by Act 26 of 2008, s. 15, for clause (a) (w.e.f. 10-8-2009). 3. Subs. by s. 15, ibid ., for "five thousand rupees" (w.e.f. 10-8-2009). 4. Ins. by s. 15, ibid . (w.e.f. 10-8-2009). 5. Subs. by s. 15, ibid ., for "three months and with fine which shall not be less than five hundred rupees" (w.e.f. 10-8-2009). 6. Subs, by s. 16, ibid ., for "two thousand rupees" (w.e.f. 10-8-2009). 7. Subs. by Act 26 of 2008 s. 16, for "five thousand rupees" (w.e.f. 10-8-2009). 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[1] [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[1] [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: India Code

How this section changed

  1. substituted by Act 26 of 2008, s. 16

    In force from 10 Aug 2009

    Earlier wording: “two thousand rupees”

    Footnote: 6. Subs, by s. 16, ibid ., for "two thousand rupees" (w.e.f. 10-8-2009).

  2. substituted by Act 26 of 2008, s. 16

    In force from 10 Aug 2009

    Earlier wording: “five thousand rupees”

    Footnote: 7. Subs. by Act 26 of 2008 s. 16, for "five thousand rupees" (w.e.f. 10-8-2009).