Bihar Prohibition and Excise Act, 2016 Paper-6

Bihar Prohibition and Excise Act, 2016 Paper-6

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1. The purpose of Section 68 is to provide—

a. Permanent exemption from removal orders

b. Conditional and temporary relaxation from removal orders

c. Transfer of cases to courts

d. Exemption from excise duties

 

2. Section 69 of the Act deals with—

a. Licensing of distilleries

b. Nature of evidence to be considered by the Collector

c. Recovery of excise revenue

d. Transport of intoxicants

 

3. Under Section 69, the authority empowered to consider evidence for passing orders is—

a. The State Government

b. The Excise Commissioner

c. The Collector

d. The Board of Revenue

 

4. The Collector may consider evidence for determining whether conditions exist for making an order under—

a. Section 63

b. Section 65

c. Section 66

d. Section 68

 

5. The Collector may take into consideration any evidence which—

a. Is admissible only in court

b. Has probative value in his opinion

c. Is certified by police authorities

d. Is recorded under oath

 

6. Under Section 69, the provisions of which Act do NOT apply to such proceedings?

a. Code of Criminal Procedure, 1973

b. Indian Penal Code, 1860

c. Indian Evidence Act, 1872

d. Civil Procedure Code, 1908

 

7. The purpose of Section 69 is to allow the Collector to—

a. Follow strict court evidence procedures

b. Consider evidence flexibly for administrative decisions under the Act

c. Transfer cases to courts

d. Apply only judicial evidence standards

 

8. Section 70 of the Act deals with—

a. Suspension of licenses

b. Immediate arrest without warrant

c. Recovery of excise revenue

d. Confiscation of property

 

9. Under Section 70, which officers are empowered to arrest a person without warrant?

a. Excise officer

b. Police officer

c. Both (a) and (b)

d. Only the Collector

 

10. A person may be arrested under Section 70 when he—

a. Has contravened an order under Section 66

b. Is likely to contravene an order under Section 66

c. Both (a) and (b)

d. Fails to renew license

 

11. The arrest under Section 70 may be made—

a. Only with a warrant issued by the court

b. Without warrant

c. Only with permission of the Collector

d. Only with approval of the Excise Commissioner

 

12. After arresting a person under Section 70, the officer shall—

a. Release the person on bail immediately

b. Send the person to police station only

c. Forward the person forthwith to the Court

d. Inform the Collector and release the person

 

13. The primary purpose of Section 70 is to—

a. Allow preventive action against violation of orders under Section 66

b. Transfer arrest powers to courts

c. Allow arrest only after conviction

d. Permit detention without legal process

 

14. Section 71 of the Act deals with—

a. Licensing of distilleries

b. Penalty for non-compliance of order under Section 66

c. Recovery of excise revenue

d. Confiscation of property

 

15. An offence under Section 71 occurs when a person—

a. Fails to pay excise duty

b. Contravenes an order of the Collector made under Section 66

c. Imports liquor illegally

d. Consumes liquor in public

 

16. The authority whose order must be complied with under Section 66 is—

a. The Excise Commissioner

b. The State Government

c. The Collector

d. The Board of Revenue

 

17. The minimum imprisonment prescribed under Section 71 is—

a. 3 years

b. 4 years

c. 5 years

d. 7 years

 

18. The maximum imprisonment under Section 71 may extend to—

a. 5 years

b. 6 years

c. 7 years

d. 10 years

 

19. The minimum fine prescribed under Section 71 is—

a. ₹50,000

b. ₹1,00,000

c. ₹2,00,000

d. ₹5,00,000

 

20. The maximum fine that may be imposed under Section 71 may extend to—

a. ₹5,00,000

b. ₹7,50,000

c. ₹10,00,000

d. ₹15,00,000

 

21. The punishment under Section 71 includes—

a. Imprisonment only

b. Fine only

c. Both imprisonment and fine

d. Confiscation only

 

22. Section 72 of the Act deals with—

a. Suspension of licenses

b. Powers in relation to absconding persons

c. Recovery of excise revenue

d. Licensing of distilleries

 

23. Section 72 applies to a person against whom an order has been made under—

a. Section 65

b. Section 66

c. Section 67

d. Section 68

 

24. The authority empowered to act when such person absconds is—

a. The Excise Commissioner

b. The Collector

c. The State Government

d. The Board of Revenue

 

25. If the Collector finds that a person has absconded or is concealing himself, he may issue an order—

a. Through police notification only

b. Notified in the Official Gazette and published in local newspaper

c. Only through court order

d. Through municipal authorities

 

26. The order issued by the Collector may require the person to—

a. Pay excise duty

b. Appear before a specified officer at a specified place and time

c. Leave the district permanently

d. Transfer property to the government

 

27. If the person fails to comply with the order issued under Section 72(1), the Collector may—

a. Arrest the person immediately

b. Cancel the license permanently

c. Confiscate the movable and/or immovable properties of the person

d. Issue a warning only

 

28. The confiscation of property for non-compliance under Section 72 is carried out under—

a. Section 56

b. Section 57

c. Section 58

d. Section 60

 

29. The purpose of Section 72 is to—

a. Allow temporary suspension of orders

b. Ensure compliance with orders under Section 66 by absconding persons

c. Regulate transport of liquor

d. Increase excise revenue

 

30. Section 73 of the Act deals with—

a. Licensing of warehouses

b. Power to enter, inspect, search and seize

c. Recovery of excise revenue

d. Transport of intoxicants

 

31. Which of the following authorities may exercise powers under Section 73?

a. Excise Commissioner

b. Collector

c. Excise Officer

d. All of the above

 

32. Which police officer is authorized to exercise the powers under Section 73?

a. Any police constable

b. Police officer not below the rank of Sub-Inspector

c. Only Superintendent of Police

d. Only Inspector General of Police

 

33. A block level officer may exercise powers under Section 73 when he is—

a. Authorized by the State Government

b. Authorized by the Collector

c. Authorized by the Excise Commissioner

d. Authorized by the police department

 

34. The State Government may also authorize which of the following to exercise powers under Section 73?

a. Any officer

b. Any agency or force, armed or otherwise

c. Only police officers

d. Only excise officers

 

35. The officers empowered under Section 73 may conduct entry, inspection and search—

a. Only during daytime

b. Only during night

c. At any time, day or night

d. Only during working hours

 

36. The powers under Section 73 may be exercised—

a. Only with a warrant

b. Without warrant but subject to restrictions prescribed by the State Government

c. Only after court approval

d. Only after police authorization

 

37. Which of the following may be seized under Section 73?

a. Documents and samples

b. Equipment, conveyances or animals

c. Intoxicants, materials or raw materials

d. All of the above

 

38. The purpose of Section 73 is primarily to—

a. Regulate excise revenue collection

b. Empower authorities to detect and prevent offences under the Act

c. Transfer cases to courts

d. Regulate transport permits

 

39. Section 74 of the Act deals with—

a. Licensing of distilleries

b. Power to arrest or detain without warrant

c. Recovery of excise revenue

d. Confiscation of property

 

40. The powers under Section 74 may be exercised by—

a. Officers mentioned in Section 73

b. Only the Collector

c. Only police officers

d. Only the Excise Commissioner

 

41. Under Section 74, an officer may arrest a person—

a. Only with court permission

b. Without warrant

c. Only with police approval

d. Only during daytime

 

42. A person may be arrested under Section 74 when he—

a. Commits an offence under the Act

b. Attempts to commit an offence under the Act

c. Both (a) and (b)

d. Violates municipal law

 

43. The power to arrest or detain under Section 74 may be exercised—

a. Only during working hours

b. Only during night

c. At any time of day or night

d. Only during festivals

 

44. Under Section 74, officers may also detain—

a. Vehicles or animals used in the offence

b. Means of conveyance used in the offence

c. Both (a) and (b)

d. Only persons involved in the offence

 

45. All arrests made under Section 74 must be reported—

a. To the Excise Commissioner

b. To the Collector

c. To the High Court

d. To the Board of Revenue

 

46. The report of arrest under Section 74 must be made—

a. Within 24 hours

b. Within one week

c. Forthwith

d. Within one month

 

47. Section 75 of the Act deals with—

a. Power to arrest without warrant

b. Power to conduct breath analysis and medical tests

c. Confiscation of property

d. Licensing of distilleries

 

48. The officers empowered to require breath analysis or medical tests under Section 75 are—

a. Officers mentioned in Section 73

b. Only the Collector

c. Only the Excise Commissioner

d. Only police officers

 

49. Under Section 75, an officer may require a person to undergo—

a. Breath analysis test

b. Medical test

c. Both (a) and (b)

d. Only blood test

 

50. A person asked to undergo breath analysis or medical test under Section 75 is—

a. Free to refuse

b. Duty bound to submit to such tests

c. Required to obtain court permission

d. Required to obtain police permission

 

51. If a person refuses to undergo such tests, it shall be presumed that—

a. He has committed an offence under Section 37

b. He has paid excise duty

c. He has not committed any offence

d. He has committed an offence under Section 30

 

52. The offence presumed in case of refusal relates to—

a. Illegal transport of liquor

b. Consumption of liquor

c. Manufacture of liquor

d. Sale of liquor

 

53. The reports of breath analysis or medical tests under Section 75 are—

a. Not admissible in court

b. Admissible as evidence under the Indian Evidence Act, 1872

c. Valid only for administrative action

d. Valid only before the Collector

 

54. The primary objective of Section 75 is to—

a. Increase excise revenue

b. Detect and prove consumption of liquor through scientific testing

c. Transfer cases to courts

d. Regulate licensing procedures

 

55. Section 76 of the Act deals with—

a. Licensing of distilleries

b. Nature of offences under the Act

c. Confiscation of property

d. Recovery of excise revenue

 

56. As per Section 76(1), offences under this Act are—

a. Non-cognizable and bailable

b. Cognizable and non-bailable

c. Cognizable and bailable

d. Non-cognizable and non-bailable

 

57. The procedural law applicable to offences under this Act is—

a. Civil Procedure Code, 1908

b. Code of Criminal Procedure, 1973

c. Indian Evidence Act, 1872

d. Indian Penal Code, 1860

 

58. Which of the following offences are treated as bailable under the proviso to Section 76(1)?

a. First offence under Section 37(1)

b. Offence under Section 54

c. Both (a) and (b)

d. Offence under Section 30

 

59. Section 360 of the Code of Criminal Procedure, 1973 relating to release on probation—

a. Applies to offences under this Act

b. Does not apply to offences under this Act

c. Applies only for minor offences

d. Applies only with court approval

 

60. Section 438 of the Code of Criminal Procedure, 1973 relating to anticipatory bail—

a. Applies to offences under this Act

b. Does not apply to offences under this Act

c. Applies only for first offences

d. Applies only with permission of the Collector

 

61. Which Act relating to probation does NOT apply to offences under this Act?

a. Juvenile Justice Act, 2015

b. Probation of Offenders Act, 1958

c. Prevention of Corruption Act, 1988

d. Evidence Act, 1872

 

62. The effect of Section 76(2) is that—

a. Accused persons may seek anticipatory bail

b. Courts may release offenders on probation

c. Anticipatory bail and probation provisions are excluded for offences under the Act

d. Only fine may be imposed for offences

 

63. Section 77 of the Act deals with—

a. Power to obtain information

b. Licensing of distilleries

c. Confiscation of property

d. Recovery of excise revenue

 

64. The authority empowered to require information under Section 77 includes—

a. Excise Commissioner

b. Collector

c. Excise officer

d. All of the above

 

65. Which police officer is authorized to require information under Section 77?

a. Police Constable

b. Police officer not below the rank of Assistant Sub-Inspector

c. Police officer not below the rank of Inspector

d. Superintendent of Police

 

66. The officer may require information from—

a. Any person

b. Any establishment reasonably connected with unlawful handling of liquor or intoxicant

c. Both (a) and (b)

d. Only licensed distilleries

 

67. The information may be required in relation to—

a. Lawful sale of liquor

b. Unlawful handling of liquor or intoxicant

c. Transportation of food items

d. Sale of non-alcoholic beverages

 

68. The requirement to furnish information under Section 77 is issued by—

a. Oral direction

b. Written order

c. Court warrant

d. Police notice only

 

69. The purpose of Section 77 is primarily to—

a. Increase excise revenue

b. Assist authorities in investigating unlawful liquor activities

c. Regulate licensing procedures

d. Transfer cases to courts

 

70. Section 78 of the Act deals with—

a. Power to investigate offences under the Act

b. Licensing of distilleries

c. Confiscation of property

d. Recovery of excise revenue

 

71. Under Section 78(1), which officer may investigate offences under this Act?

a. Any excise officer

b. Only the Excise Commissioner

c. Only the Collector

d. Only the Superintendent of Police

 

72. Under Section 78(2), which police officer may investigate offences under the Act?

a. Any police constable

b. Police officer not below the rank of Assistant Sub-Inspector

c. Police officer not below the rank of Inspector

d. Only Superintendent of Police

 

73. The offences that may be investigated under Section 78 are those—

a. Punishable under the Indian Penal Code

b. Punishable under this Act

c. Punishable under the Motor Vehicles Act

d. Punishable under the Evidence Act

 

74. Investigation powers under Section 78 may be exercised by—

a. Excise officers

b. Police officers not below assistant Sub-Inspector

c. Both (a) and (b)

d. Only the Collector

 

75. The purpose of Section 78 is to—

a. Regulate licensing procedures

b. Empower excise and police officers to investigate offences under the Act

c. Transfer investigation powers to courts

d. Regulate excise revenue collection

 

76. Section 79 of the Act deals with—

a. Licensing of distilleries

b. Powers of the Excise Officer

c. Recovery of excise revenue

d. Confiscation of property

 

77. Under Section 79(1), excise officers mentioned in Section 73 shall exercise the powers of—

a. District Magistrate

b. Officer-in-charge of a police station

c. Superintendent of Police

d. Judicial Magistrate

 

78. The powers exercised by excise officers under Section 79 apply for the purposes of—

a. Indian Penal Code

b. Code of Civil Procedure

c. This Act

d. Motor Vehicles Act

 

79. The excise officers referred to in Section 79 are those mentioned under—

a. Section 70

b. Section 71

c. Section 73

d. Section 75

 

80. The area within which an excise officer exercises his authority shall be deemed to be—

a. A police outpost

b. A police station

c. A court jurisdiction

d. A district jurisdiction

 

81. The jurisdiction of an excise officer under Section 79 relates to—

a. His territorial area of authority

b. The entire State automatically

c. Only licensed premises

d. Only excise warehouses

 

82. The purpose of Section 79 is to—

a. Grant judicial powers to excise officers

b. Grant police station–level powers to excise officers for enforcement of the Act

c. Transfer cases to police authorities

d. Regulate licensing procedures

 

83. Section 80 of the Act deals with—

a. Licensing of distilleries

b. Production of persons arrested

c. Confiscation of property

d. Recovery of excise revenue

 

84. A person arrested under this Act must be produced before—

a. The Collector

b. The Police Station

c. The Court

d. The Excise Commissioner

 

85. The arrested person must be produced before the Court within—

a. 12 hours

b. 24 hours

c. 48 hours

d. 72 hours

 

86. Section 80 ensures compliance with the principle of—

a. Administrative control

b. Judicial oversight after arrest

c. Revenue collection

d. Licensing procedure

 

87. The provision of producing arrested persons within twenty-four hours aims to—

a. Ensure prompt judicial scrutiny of arrest

b. Increase police authority

c. Avoid court procedures

d. Transfer custody to excise department

 

88. Section 81 of the Act deals with—

a. Licensing of distilleries

b. Duty of police to accept seized articles and arrested persons

c. Confiscation of property

d. Recovery of excise revenue

 

89. Under Section 81, the officer responsible for taking charge of seized articles and arrested persons is—

a. Excise Commissioner

b. Collector

c. Officer-in-charge of a police station

d. Executive Magistrate

 

90. The officer-in-charge of a police station must keep seized articles or arrested persons in safe custody—

a. Until the police investigation ends

b. Pending the order of the Court or the Collector

c. Until the Excise Commissioner orders release

d. For a maximum of 24 hours

 

91. Seized articles or arrested persons under this Act may be delivered to the police station by—

a. Any private person

b. Excise officers

c. Municipal authorities

d. Transport officers

 

92. The excise officer accompanying seized articles is allowed to—

a. Sell the seized articles

b. Affix his seal to the seized articles

c. Destroy the seized articles immediately

d. Transfer them to another district

 

93.  The excise officer may also—

a. Take samples from the seized articles

b. Return the articles to the owner

c. Auction the articles

d. Deposit them in court

 

94. The primary purpose of Section 81 is to ensure—

a. Judicial trial of excise offences

b. Safe custody and proper handling of seized articles and arrested persons

c. Immediate confiscation of property

d. Licensing of liquor warehouses

 

95. Section 82 of the Act deals with—

a. Licensing of distilleries

b. Reports of arrests, seizures and searches

c. Confiscation of property

d. Recovery of excise revenue

 

96. Under Section 82, the responsibility to submit reports of arrests, searches or seizures lies with—

a. Excise Commissioner

b. Police Officer making such arrest, search or seizure

c. Collector

d. Executive Magistrate

 

97. The report of arrest, search or seizure must be submitted to—

a. The Collector

b. Excise officers empowered under Section 73

c. Both (a) and (b)

d. Only the High Court

 

98. The report required under Section 82 must be submitted within—

a. 12 hours

b. 24 hours

c. 48 hours

d. 72 hours

 

99. The purpose of submitting reports under Section 82 is to ensure—

a. Administrative and legal accountability of police actions

b. Immediate trial of offences

c. Collection of excise revenue

d. Issuance of licenses

 

100. The excise officers to whom such reports are submitted must be those empowered under—

a. Section 70

b. Section 73

c. Section 75

d. Section 79

 

101. Section 83 of the Act deals with—

a. Licensing of distilleries

b. Trial of offences under the Act

c. Recovery of excise revenue

d. Confiscation of property

 

102. According to Section 83, offences punishable under this Act shall be tried by—

a. Judicial Magistrate

b. District Court

c. Court of Sessions

d. High Court

 

103. The provision of Section 83 operates notwithstanding anything contained in—

a. Section 70 of the Act

b. Section 76(1) of the Act

c. Section 79 of the Act

d. Section 82 of the Act

 

104. The phrase “notwithstanding anything contained” in Section 83 indicates that—

a. The provision overrides conflicting provisions elsewhere in the Act

b. The provision applies only in certain districts

c. The provision applies only to minor offences

d. The provision applies only to first offences

 

105. The objective of Section 83 is to ensure that offences under the Act are—

a. Tried by lower courts

b. Tried by Sessions Court due to seriousness of offences

c. Settled administratively

d. Handled by police authorities

 

106. Section 84 of the Act deals with—

a. Appointment of Excise Officers

b. Establishment of Special Courts

c. Recovery of excise revenue

d. Confiscation of property

 

107. The authority empowered to appoint or designate Special Courts under Section 84 is—

a. The High Court

b. The Collector

c. The State Government

d. The Excise Commissioner

 

108. The State Government may establish Special Courts—

a. Only in the capital city

b. In every district of the State

c. Only in metropolitan areas

d. Only where directed by the High Court

 

109. The appointment or designation of Special Courts shall be done in consultation with—

a. The Governor

b. The Chief Justice of the High Court

c. The District Judge

d. The Excise Commissioner

 

110. A Special Court under Section 84 shall be presided over by—

a. A Judicial Magistrate

b. A Special Judge

c. A District Magistrate

d. A Revenue Officer

 

111. The Special Judge presiding over the Special Court must be—

a. A police officer

b. A person who is or has been a Sessions Judge, Additional Sessions Judge or Assistant Sessions Judge

c. A civil judge

d. A government advocate

 

112. Trials conducted by the Special Court under this Act shall—

a. Be treated like ordinary cases

b. Have precedence over trials in other courts

c. Be postponed until other cases are decided

d. Be heard only after High Court approval

 

113. The trial before the Special Court shall be concluded—

a. After other pending cases

b. Along with other cases

c. In preference to other cases against the accused in non-special courts

d. Only after approval of the Collector

 

114. Cases pending under the Bihar Excise Act, 1915 before commencement of this Act shall—

a. Continue in the same court

b. Be dismissed automatically

c. Stand transferred to the Special Courts

d. Be transferred to the High Court

 

115. The objective of establishing Special Courts under Section 84 is to—

a. Increase licensing procedures

b. Ensure speedy and prioritized trial of offences under the Act

c. Transfer police powers to courts

d. Reduce penalties under the Act

 

116. Section 85 of the Act deals with—

a. Appointment of Special Courts

b. Procedure and powers of the Special Judge

c. Confiscation of property

d. Licensing of distilleries

 

117. Under Section 85(1), a Special Judge may take cognizance of offences—

a. Only after committal by a Magistrate

b. Without the accused being committed to him for trial

c. Only after police investigation

d. Only after approval of the High Court

 

118. While trying accused persons, the Special Judge shall follow the procedure prescribed in—

a. Indian Penal Code, 1860

b. Code of Criminal Procedure, 1973 for trial of warrant cases by Magistrates

c. Civil Procedure Code, 1908

d. Indian Evidence Act, 1872

 

119. The provisions of the Code of Criminal Procedure, 1973 shall apply to proceedings before the Special Judge—

a. Fully without limitation

b. Only when approved by the High Court

c. So far as they are not inconsistent with this Act

d. Only for minor offences

 

120. For the purposes of the Code of Criminal Procedure, the Court of the Special Judge shall be deemed to be—

a. A Magistrate Court

b. A Court of Session

c. A Civil Court

d. A Revenue Court

 

121. The person conducting prosecution before the Special Judge shall be deemed to be—

a. Investigating Officer

b. Government Pleader

c. Public Prosecutor

d. Excise Officer

 

122. For the purposes of Sections 326 and 475 of the CrPC, the Special Judge shall be deemed to be—

a. A District Judge

b. A Magistrate

c. A Civil Judge

d. A Sessions Judge

 

123. A Special Judge may pass upon a convicted person—

a. Only limited sentences

b. Any sentence authorized by law for that offence

c. Only a fine

d. Only imprisonment up to five years

 

124. While trying offences under the Act, the Special Judge shall exercise the powers of—

a. Collector under Revenue Laws

b. District Judge under the Criminal Law Amendment Ordinance, 1944

c. High Court under Criminal Procedure Code

d. Police authorities

 

125. As far as practicable, the Special Judge shall conduct the trial—

a. Once every week

b. Only on court dates fixed monthly

c. On a day-to-day basis

d. Only when prosecution is ready

 

126. Section 86 of the Act deals with—

a. Appointment of Special Courts

b. Power of Special Court to transfer cases to regular courts

c. Recovery of excise revenue

d. Confiscation of property

 

127. The authority empowered to transfer cases to regular courts under Section 86 is—

a. The Collector

b. The Excise Commissioner

c. The Special Court

d. The High Court

 

128. A Special Court may transfer a case when it is of the opinion that—

a. The case is too serious

b. The offence is not triable by it

c. The accused requests transfer

d. The police recommend transfer

 

129. The Special Court may transfer the case even if—

a. It has already convicted the accused

b. It has no jurisdiction to try such offence

c. The prosecution objects

d. The High Court has not approved

 

130. The case shall be transferred to—

a. Any police authority

b. Any court having jurisdiction under the Code of Criminal Procedure, 1973

c. The Collector

d. The Excise Commissioner

 

131. After transfer, the receiving court may proceed with the trial—

a. Only after fresh investigation

b. Only after High Court permission

c. As if it had taken cognizance of the offence

d. Only after re-registration of the case

 

132. The procedural law governing the jurisdiction of the receiving court is—

a. Indian Penal Code, 1860

b. Code of Criminal Procedure, 1973

c. Civil Procedure Code, 1908

d. Indian Evidence Act, 1872

 

133. The objective of Section 86 is to ensure—

a. Proper jurisdiction and orderly trial of offences

b. Faster licensing procedures

c. Transfer of investigation powers

d. Increase in excise revenue

 

134. Section 87 of the Act deals with—

a. Transfer of cases to regular courts

b. Power of Special Court to implead manufacturer, owner, occupier, et(C)

c. Licensing of distilleries

d. Confiscation of property

 

135. The authority empowered to implead additional persons during trial under Section 87 is—

a. The Collector

b. The Excise Commissioner

c. The Special Court

d. The High Court

 

136. During trial, the Special Court may proceed against a manufacturer, distributor, dealer, owner or occupier when—

a. The police recommend it

b. Evidence before the court shows their involvement in the offence

c. The accused files a complaint

d. The Collector orders it