26.
(1) Every person who contravenes any of the pro- visions of this Act or any regulations made thereunder or fails to comply with any direction given under this Act shall be guilty of an offence and shall be liable on conviction-
| | (a) where the nature of the offence involves injury to the health of the public, to a fine not exceeding five thousand rupees or to imprisonment for a term not exceeding three years or to both such fine and imprisonment ; | | |
| | (b) for any other offence
| | | (i) for the first offence to a fine not exceeding one thousand rupees or to imprisonment for a term not exceeding three months or to both such fine and imprisonment; |
| (ii) for a second or subsequent offence to a fine not exceeding two thousand rupees or to imprisonment for a term not exceeding six months or to both such fine and imprison- ment. |
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(2) Where a person convicted of an offence under this Act or any regulations made thereunder is convicted of a second or subsequent offence of a like or similar nature under this Act or regulations made thereunder, the court convicting him for the second or subsequent offence may -
| | (a) cause the name and address of the person convicted and the offence and the punishment imposed for such offence to be published in such newspaper or in such other manner as the court may direct and recover the cost of publication from the person convicted as if it were a fine imposed on him ; | | |
| | (b) cancel any licence issued to the person convicted for the manufacture, importation, sale and distribution of any cosmetic, device or drug under this Act or any other law and inform the relevant licensing authority accordingly. | | |
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