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Section 30 – The Drugs and Cosmetics Act, 1940

The Drugs and Cosmetics Act, 1940

 

 

30. Penalty for subsequent offences. – [(1) (Note: Subs. by Act 68 of 1982, sec.25, for sub-section (1) (w.e.f. 1-2-1983)) Whoever having been convicted of an offence, —

 

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 not be less than two years but which may extend to six years and with fine which shall not be less than ten thousand 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 less than two years and of fine of less than ten thousand 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 shall not be less than six years but which may extend to ten years and with fine which shall not be less than ten thousand 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 five thousand rupees, or with both.]

 

3[(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 4[two thousand rupees], or with both.]

 

(2) Whoever, having been convicted of an offence under 5[***] section 29 is again convicted of an offence under the same section, shall be punishable with imprisonment which may extend to 6[ten years], or with fine, or with both.]

 

COMMENTS

 

The first and the second or the subsequent offences must all relate to the breaches of the provisions of this Act; Kamal Singh v. State, 1957 All L J 9.

 

——————————-

1. Subs. by Act 11 of 1955, sec. 14, for section 30 (w.e.f. 15-4-1955).

 

2. Subs. by Act 68 of 1982, sec. 25, for sub-section (1) (w.e.f. 1-2-1983).

 

3. Ins. by Act 21 of 1962, sec. 20 (w.e.f. 27-7-1964).

 

4. Subs. by Act 68 of 1982, sec. 25, for “one thousand rupees” (w.e.f. 1-2-1983).

 

5. The words “section 28 or” omitted by Act 13 of 1964, sec. 20 (w.e.f. 15-9-1964).

 

6. Subs. by Act 13 of 1964, sec. 20, for “two years” (w.e.f. 15-9-1964).

 

 

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The Drugs and Cosmetics Act, 1940

 

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