Central Act

The Drugs and Cosmetics Act, 1940

1[30. Penalty for subsequent offences.-- 2[(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 3[not be less than seven years but which may extend to ten years and with fine which shall not be less than two lakh 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 4[less than seven years and of fine of less than one lakh 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 5[shall not be less than ten years but which may extend to imprisonment for life and with fine which shall not be less than three lakh 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 6[fifty thousand rupee, or with both. 7[(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 8[two thousand rupees], or with both.] (2) Whoever, having been convicted of an offence under 9*** section 29 is again convicted of an offence under the same section shall be punishable with imprisonment which may extend to 10[two years, or with fine which shall not be less than ten thousand rupees or with both.]]