Section 33J:
Penalty for subsequent offences
1[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 2[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 3[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 3[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 4[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].]
Notes:
1. Subs. by s. 33, ibid., for sections 33-I and 33J (w.e.f. 1-2-1983).
2. Subs, by s. 16, ibid., for "two thousand rupees" (w.e.f. 10-8-2009).
3. Subs. by Act 26 of 2008 s. 16, for "five thousand rupees" (w.e.f. 10-8-2009).
4. Subs. by s. 16, ibid., for "six months and with fine which shall not be less than one thousand rupees "
(w.e.f. 10-8-2009).