13.
Offences. � (1) Whoever himself or by any
other person on his behalf imports, -
(a) Any drug deemed to be
adulterated under section 9A or deemed to be a spurious drug under section 9B or
any spurious cosmetic referred to in section 9D or any cosmetic of the nature
referred to in clause (ee) of section 10 shall be punishable with imprisonment
for a term which may extend to three years and a fine which may extend to five
thousand rupees ;
(b) Any drug or cosmetic other
than a drug or cosmetic referred to in clause (a), the import of which is
prohibited under section 10, or any rule made under this Chapter, shall be
punishable with imprisonment for a term which may extend to six months, or with
fine which may extend to five hundred rupees, or with both ;
(c) Any drug or cosmetic in
contravention of the provisions of any notification issued under section 10A,
shall be punishable with imprisonment for a term which may extend to three
years, or with fine which may extend to five thousand rupees, or with both.
(2) Whoever having been
convicted of an offence �
(a) Under clause (a) or clause
(c) of sub-section (1), is again convicted of an offence under that clause,
shall be punishable with imprisonment for a term which may extend to five years,
or with fine which may extend to ten thousand rupees, or with both ;
(b) Under clause (b) of
sub-section (1), is again convicted of an offence under that clause, shall be
punishable with imprisonment for a term which may extend to one year, or with
fine which may extend to one thousand rupees, or with both.
(3) The punishment provided
by this section shall be in addition to any penalty to which the offender may be
liable under the provisions of section 11.
COMMENTS
Oral evidence can be led to prove
previous conviction only if the original judgement of previous conviction has
been lost; City Board Saharampur v. Abdul Waheed, AIR 1959 All 695.
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