Section 21(1) in The Bombay Drugs (Control) Act, 1959.
(1)Whoever contravenes any of the provisions of this Act or of any rule order or notification made or issued thereunder, or fails to comply with any direction made under authority conferred by this Act, shall; on conviction, be punished—(i)for a first offence, with imprisonment for a term which may extend to one year and with fine which may extend to one thousand rupees:Provided that, in the absence of special and adequate reasons to the contrary to be mentioned in the judgement of the Court, such imprisonment shall not be less than three months and fine shall not be less than five hundred rupees;(ii)for a second offence, with imprisonment for a term which may extend to two years and with fine which may extend to two thousand rupees:Provided that, in the absence of special and adequate reasons to the contrary to be mentioned in the judgement of the Court, such imprisonment shall not be less than six months and fine shall not be less than one thousand rupees;(iii)for a third or subsequent offence, with imprisonment for a term which may extend to three years and with fine which may extend to five thousand rupees:Provided that, in the absence of special and adequate reasons to the contrary to be mentioned in the judgement of the Court, such imprisonment shall not be less than one year and fine shall not be less than two thousand and five hundred rupees.
