Section 33J of Drugs and Cosmetics Act 1940 - Penalty for Subsequent Offences

Section 33J of the Drugs and Cosmetics Act, 1940 provides enhanced punishment where a person, after an earlier conviction for specified offences under Section 33-I, is again convicted of the corresponding offence. The provision forms part of Chapter IVA, which regulates Ayurvedic, Siddha and Unani drugs.

Meaning of "subsequent offence": Section 33J applies to a repeat conviction. The earlier conviction and the category of the later offence under Section 33-I determine which enhanced punishment applies.

Text and effect of Section 33J

Clause (a): A person previously convicted under Section 33-I(1)(a), and again convicted under that clause, may be imprisoned for up to two years and is liable to a fine of not less than fifty thousand rupees or three times the value of the drugs confiscated, whichever is more.

Clause (b): A person previously convicted under Section 33-I(1)(b), and again convicted under that clause, is punishable with imprisonment for not less than two years and up to six years, together with a fine of not less than one lakh rupees or three times the value of the drugs confiscated, whichever is more.

Proviso to clause (b): The Court may impose imprisonment of less than two years and a fine below the prescribed minimum where adequate and special reasons are recorded in the judgment.

Clause (c): A person previously convicted under Section 33-I(2), and again convicted under that sub-section, may be imprisoned for up to one year and is liable to a fine of not less than twenty thousand rupees or three times the value of the drugs confiscated, whichever is more.

Section 33-I offences referred to in Section 33J

Section 33J does not create the underlying first offence. It increases punishment for repeat convictions of offences covered by Section 33-I. In broad terms, Section 33-I deals with manufacture, sale, stocking, exhibition or distribution of Ayurvedic, Siddha or Unani drugs in contravention of Chapter IVA.

Repeat conviction	Imprisonment under Section 33J	Minimum fine
Section 33-I(1)(a)	May extend to 2 years	Rs. 50,000 or 3 times the value of drugs confiscated, whichever is more
Section 33-I(1)(b)	Minimum 2 years, extendable to 6 years	Rs. 1,00,000 or 3 times the value of drugs confiscated, whichever is more
Section 33-I(2)	May extend to 1 year	Rs. 20,000 or 3 times the value of drugs confiscated, whichever is more

Important legal points

Prior conviction is essential: The enhanced penalty under Section 33J is attracted only where the accused has already been convicted of the specified offence and is subsequently convicted again under the corresponding clause or sub-section.

Higher fine linked to confiscated drugs: For each category, the statutory minimum fine is compared with three times the value of the drugs confiscated. The higher amount governs the minimum fine.

Special sentencing discretion under clause (b): Although clause (b) prescribes minimum imprisonment and fine, its proviso permits a lower sentence where the Court records adequate and special reasons in its judgment.

Amendment note

The present enhanced monetary penalties and the revised punishment in clause (c) were introduced through Section 16 of the Drugs and Cosmetics (Amendment) Act, 2008 (Act 26 of 2008), with effect from 10 August 2008. Earlier monetary amounts appearing in older versions of the Act should therefore not be used as the current penalty.

Related provisions

For a complete reading of the statutory scheme, Section 33J should be read with Section 33-I - Penalty for manufacture, sale, etc. of Ayurvedic, Siddha or Unani drugs in contravention of Chapter IVA and Section 33K - Confiscation.

Official legal sources

This page is an informational presentation of Section 33J and related provisions. For an official or litigation use, verify the applicable statutory text, amendments and notifications from India Code, the Gazette of India or CDSCO.