Amendment status not verified — confirm the current text below against the official source.
Punishment Jor offence for which no Punishment is provided.- whoever contravenes any provision of this Act or any rule or order madel or any condition of any licence, permit or authorisation issued thereunder for which no punishment is'separately provided in this ChaPter, shall be punishable with imprisonment for a term which may extend to six months, or with fine. or with uoirr. 2[324, No suspensiory remission or commutation in any sentence awarded under this Act.-Notwithstanding anything contained in the Code of Criminal Procedure, 1.973 (2 of 7974) or a y other law for the time being in force but subiect to the provisions of section 33, no sentence awarded under this Act (other than section 27) shall be suspended or remitted or commuted.l COMMENTS Notwithstanding the absolute bar imposed by section 32A disarming the iudiciary from exercising power to suspend sentence Passed against a convict under the Act excePt to the extent frit sectio., 32A read with s&tion 33-permit, the coutts have the power, under section 389 of the Code of Criminal Procedure, to susPend, in a given case, the sentence passed a8ainst a convict under the Narcotic Drugs and PsychotroPic Substances Act, Dinesh Goyenka v. State of Assam,2008 (64) AIC 799. 3[328. Factors to be taken into account for imposing higher than the minimum punishment.-Where a minimum term of imprisonment or amount of fine is prescribed for any offence committed under this Act, the court may, in addition to such factors as it may deem fit, take into account the following.factors for imposing a punishment higher than the minimum term of imprisonment or amount of fine, namely:- (a) the use or tfueat of use of violence or arms by the offender; (b) the fact that the offender holds a public office and that he has taken advantage of that office in committing the offence; (c) the fact that the minors are affected by the offence or the minors are used for the commission of an offence; (d) the fact that the offence is committed in an educational institution or social service facility or in the immddiate vicinity of such instihrtion or faculty or in other place to which school children and students resort for educational, sports and social activities.; (e) the fact that the offender belongs to organised intemational other criminal group which is involved in the commission offences; and (f) the fact that the offender is involved in other illegal activities facilitated by comrnission of the offence.l 33, Application of section 360 of the Code of Criminal Procedure, 7973 and of the Probation of Offendere Act, 1958.-Nothing contained in section 360 of Subs. by Act 9 of 2001, s€c. 13, for certain words (w.e.i 2-10-2001). Ins, by Act 2 of 1989, sec. 10 (w.e.f. 29-5-1989). Ins. by Act 9 of 2001, sec. 14 (w.e.f. 2-1G2001). or any of the l.