Section 30 of DCA : Section 30: Penalty For Subsequent Offences

DCA

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Explanation using Example

Imagine a pharmaceutical company that was previously found guilty of selling drugs without a valid license, a violation under clause (b) of section 27 of The Drugs and Cosmetics Act, 1940. After paying the required fines and serving a sentence, the company is caught committing the same offence again.

Under Section 30 of the Act, since this is a subsequent offence, the company's owner could now face a harsher punishment. This time, the minimum imprisonment would be seven years, which could extend to ten years, and the fine would not be less than two lakh rupees. However, if the court finds exceptional circumstances, it could reduce the sentence to less than seven years and the fine to less than one lakh rupees, but these reductions must be clearly explained in the court's judgment.