Drugs and Cosmetics Act, 1940 · Chapter IVA: Provisions Relating to Ayurvedic, Siddha and Unani Drugs
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 be 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]:
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 [one lakh rupees or three times the value of the drugs confiscated, whichever is more];
[(c)(i) under clause (a) of 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 higher;
(ii) under clause (b) of sub-section (2) of section 33-I is again convicted of an offence under that sub-section, shall be punishable with fine which shall not be less than fifty thousand rupees or six times the value of the drugs confiscated, whichever is higher.].]
Source: India Code (indiacode.gov.in), the consolidated text published by the Legislative Department, Government of India. Text as updated on India Code on 15 October 2026. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here. Official text on India Code.
Supreme Court judgments citing the section 33J
No Supreme Court judgment in our database cites this section yet.