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Bihar Prohibition and Excise Act, 2016 Paper-7
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1. The Special Court may implead such persons even if they were—
a. Already convicted
b. Not originally accused in the case
c. Government officials
d. Witnesses in the case
2. Section 87 allows the Special Court to act notwithstanding the provisions of—
a. Section 320 of CrPC
b. Section 319(3) of CrPC
c. Section 154 of CrPC
d. Section 41 of CrPC
3. The Special Court may proceed against such persons under—
a. Any section of this Chapter
b. Only Section 30 of the Act
c. Only the Indian Penal Code
d. Only excise rules
4. Persons who may be impleaded under Section 87 include—
a. Manufacturer of intoxicant
b. Distributor or dealer of intoxicant
c. Owner or occupier of premises involved in the offence
d. All of the above
5. The purpose of Section 87 is to ensure that—
a. Only the original accused is tried
b. All persons involved in the offence can be brought before the court during trial
c. Police alone decide liability
d. Licensing procedures are simplified
6. Section 88 of the Act deals with—
a. Appointment of Special Judges
b. Appointment of Special and Additional Public Prosecutors
c. Confiscation of property
d. Licensing of distilleries
7. Special Public Prosecutors under Section 88 are appointed for—
a. Regular courts
b. Special Courts established under Section 84
c. High Courts
d. Police stations
8. The authority empowered to appoint Special Public Prosecutors is—
a. The High Court
b. The Collector
c. The State Government
d. The Excise Commissioner
9. The appointment of Special Public Prosecutors shall follow the procedure laid down under—
a. Section 24 of the Code of Criminal Procedure, 1973
b. Section 154 of the Code of Criminal Procedure, 1973
c. Section 173 of the Code of Criminal Procedure, 1973
d. Section 320 of the Code of Criminal Procedure, 1973
10. The State Government may appoint—
a. Only one Special Public Prosecutor
b. Only one Additional Public Prosecutor
c. One Special Public Prosecutor and more than one Additional Public Prosecutor
d. Only police officers as prosecutors
11. The Additional Public Prosecutors appointed under Section 88 assist in—
a. Investigation of offences
b. Prosecution before Special Courts
c. Licensing procedures
d. Revenue collection
12. The objective of Section 88 is to ensure—
a. Proper prosecution of offences under the Act before Special Courts
b. Faster licensing procedures
c. Direct control of courts by police
d. Transfer of powers to collectors
13. Section 89 of the Act deals with—
a. Review of cases by the Collector
b. Appeal against orders of the Special Court
c. Confiscation of property
d. Licensing of distilleries
14. A person aggrieved by an order of the Special Court may file an appeal before—
a. District Court
b. Sessions Court
c. High Court
d. Board of Revenue
15. The appeal against the order of the Special Court must be filed within—
a. 30 days
b. 45 days
c. 60 days
d. 90 days
16. The time limit for filing appeal under Section 89 is calculated from—
a. The date of offence
b. The date of arrest
c. The date of the order of the Special Court
d. The date of investigation
17. The right to appeal under Section 89 is available to—
a. Only the State Government
b. Only the Special Court
c. Any person aggrieved by the order of the Special Court
d. Only the accused person
18. The purpose of Section 89 is to provide—
a. Administrative review by the Collector
b. Judicial remedy against decisions of the Special Court
c. Transfer of cases to police authorities
d. Revision before the Excise Commissioner
19. Section 90 of the Act deals with—
a. Licensing of distilleries
b. Application of certain provisions of the Code of Criminal Procedure, 1973
c. Confiscation of property
d. Recovery of excise revenue
20. Section 90 provides that provisions of which law shall apply to proceedings under this Act?
a. Indian Penal Code, 1860
b. Code of Criminal Procedure, 1973
c. Civil Procedure Code, 1908
d. Indian Evidence Act, 1872
21. The provisions of the Code of Criminal Procedure apply under Section 90—
a. Fully and absolutely
b. Only when directed by the High Court
c. Save as otherwise expressly provided in this Act
d. Only for civil proceedings
22. The CrPC provisions applicable under Section 90 include those relating to—
a. Arrests and detention
b. Searches and warrants
c. Summons and production of arrested persons or seized articles
d. All of the above
23. The provisions of the CrPC apply to actions taken under this Act such as—
a. Arrests made under the Act
b. Searches conducted under the Act
c. Production of persons arrested or articles seized
d. All of the above
24. The objective of Section 90 is to ensure that—
a. Separate criminal procedure is created for this Act
b. Criminal procedures under the CrPC guide enforcement under the Act where not otherwise provided
c. Only excise rules apply to offences
d. Courts have no jurisdiction
25. Section 90(2)(c) modifies which provision of the Code of Criminal Procedure, 1973?
a. Section 243
b. Section 309
c. Section 317
d. Section 397
26. Under the inserted sub-section (3) to Section 317 CrPC, the Judge may proceed with enquiry or trial—
a. Only when the accused is present
b. In the absence of the accused or his pleader
c. Only when the prosecution requests
d. Only with High Court approval
27. The Judge may proceed with the enquiry or trial in absence of the accused—
a. Without recording reasons
b. Only with written consent of the accused
c. If he thinks fit and records reasons for doing so
d. Only after police recommendation
28. Even if evidence is recorded in absence of the accused, the accused retains the right to—
a. Cancel the proceedings
b. Recall the witness for cross-examination
c. Dismiss the case
d. Appeal immediately
29. Section 90(2)(d) inserts a proviso in which provision of the Code of Criminal Procedure, 1973?
a. Section 243(1)
b. Section 309(2)
c. Section 317(3)
d. Section 397(1)
30. Under the modified Section 397(1) CrPC, when a court exercises revisional powers on an application of a party, it shall not ordinarily call for the record—
a. Without hearing the other party
b. When certified copies of the record are sufficient for examination
c. Both (a) and (b)
d. Only with High Court permission
31. Before calling for the record of proceedings under Section 397(1), the court must—
a. Inform the police
b. Give the other party an opportunity to show cause
c. Obtain approval of the Collector
d. Issue a warrant
32. The proviso inserted in Section 397(1) aims to—
a. Delay revision proceedings
b. Avoid unnecessary summoning of records and ensure procedural fairness
c. Transfer cases to Special Courts
d. Limit the powers of the High Court
33. Section 91 of the Act deals with—
a. Confiscation of property
b. Procedure for launching prosecution
c. Licensing of distilleries
d. Recovery of excise revenue
34. When a violation of the Act is detected, a case shall be registered by—
a. Any government officer
b. Excise officer or police officer of the rank of Assistant Sub-Inspector and above
c. Only the Collector
d. Only the Excise Commissioner
35. After registration of the case, the concerned officer shall—
a. Immediately close the case
b. Proceed with investigation of the case
c. Transfer the case to the High Court
d. Submit the case to the State Government
36. The report after investigation must be filed within—
a. 30 days from the date of offence
b. 45 days from the date of investigation
c. 60 days from the date of registration of the case
d. 90 days from the date of arrest
37. The report filed after investigation under Section 91 shall be deemed to be—
a. A civil complaint
b. A police report under the Code of Criminal Procedure
c. An administrative report
d. A revenue report
38. The report filed under Section 91 is treated as a police report for the purposes of—
a. Section 154 CrPC
b. Section 173(2) and Section 190 CrPC
c. Section 438 CrPC
d. Section 309 CrPC
39. The authority responsible for ensuring that the investigation report is filed in time is—
a. The Excise Commissioner
b. The Collector
c. The High Court
d. The District Judge
40. The Collector shall also monitor—
a. Revenue collection
b. Licensing procedures
c. Effective prosecution of cases before the courts
d. Appointment of judges
41. The police cases filed under this Act shall be closely monitored by—
a. District Magistrate
b. Superintendent of Police
c. Excise Commissioner
d. Revenue Board
42. The Superintendent of Police shall submit periodic reports regarding such cases to—
a. The High Court and District Court
b. The Excise Commissioner and the Collector
c. The State Government only
d. The Board of Revenue
43. Section 92 of the Act deals with—
a. Appointment of Special Courts
b. Appeals against orders under the Act
c. Confiscation of property
d. Licensing of distilleries
44. Final orders passed by any Excise Officer other than the Excise Commissioner or Collector are appealable to—
a. The State Government
b. The Collector
c. The High Court
d. The Board of Revenue
45. The appeal against the order of an Excise Officer must be filed within—
a. 30 days
b. 45 days
c. 60 days
d. 90 days
46. Final orders passed by the Collector are appealable to—
a. The State Government
b. The High Court
c. The Excise Commissioner
d. The Board of Revenue
47. Final orders passed by the Excise Commissioner are appealable to—
a. The Collector
b. The State Government
c. The High Court
d. The Board of Revenue
48. The time limit for filing appeal against orders of the Collector or Excise Commissioner is—
a. 45 days
b. 60 days
c. 90 days
d. 120 days
49. As per the proviso to Section 92, a second appeal against an order passed by the Excise Commissioner on appeal—
a. Shall be allowed before the High Court
b. Shall lie before the State Government
c. Shall not lie
d. Shall lie before the Collector
50. The State Government may make rules regarding—
a. Investigation procedures
b. Appeal procedures under this section
c. Licensing of distilleries
d. Confiscation of property
51. Section 93 of the Act deals with—
a. Licensing of distilleries
b. Revisional powers of the State Government
c. Confiscation of property
d. Recovery of excise revenue
52. The authority empowered to exercise revisional powers under Section 93 is—
a. The Collector
b. The Excise Commissioner
c. The State Government
d. The High Court
53. The State Government may exercise revision—
a. Only on an application by the aggrieved person
b. Only when directed by the High Court
c. On its own motion or on an application made to it
d. Only when requested by the Collector
54. The State Government may call for and examine records of proceedings before—
a. Any Excise Officer
b. Only the Collector
c. Only the Excise Commissioner
d. Only the police authorities
55. Revision under Section 93 may relate to documents concerning—
a. Renewal or refusal of license
b. Grant of permit or pass
c. Both (a) and (b)
d. Only transport permits
56. The purpose of revision under Section 93 is to examine—
a. Revenue collection
b. Correctness, legality and regularity of proceedings or orders
c. Police investigation
d. Judicial appointments
57. While calling for records in revision, the State Government may—
a. Cancel the license immediately
b. Direct that the order shall not be given effect during the pendency of examination
c. Transfer the case to the High Court
d. Issue an arrest warrant
58. After examining the record, the State Government may—
a. Annul the order
b. Reverse or modify the order
c. Confirm the order or pass any other appropriate order
d. All of the above
59. The revisional power under Section 93 helps to ensure—
a. Administrative supervision over decisions of excise authorities
b. Direct trial of offences
c. Licensing of distilleries
d. Revenue collection
60. Section 94 of the Act deals with—
a. Licensing of distilleries
b. Power of the State Government to exempt intoxicants from the provisions of the Act
c. Confiscation of property
d. Recovery of excise revenue
61. The authority empowered to grant exemption under Section 94 is—
a. The Collector
b. The Excise Commissioner
c. The State Government
d. The High Court
62. The exemption under Section 94 may be granted by—
a. Executive order
b. Notification
c. Court order
d. Police direction
63. The State Government may exempt—
a. Any intoxicant
b. Any manufactory of an intoxicant
c. Both (a) and (b)
d. Only licensed distilleries
64. The exemption under Section 94 may be—
a. Only complete exemption
b. Only partial exemption
c. Either complete or partial exemption
d. Only temporary suspension
65. The exemption may apply—
a. Throughout the State
b. To a specified area of the State
c. Both (a) and (b)
d. Only to the capital city
66. The exemption may be granted for—
a. A specified period or occasion
b. A specified class of persons
c. Specific purposes
d. All of the above
67. The exemption under Section 94 may be subject to—
a. Court approval only
b. Conditions prescribed by the State Government
c. Police approval only
d. Approval of the Collector
68. The objective of Section 94 is to allow the State Government—
a. To abolish prohibition completely
b. To grant controlled exemptions where necessary under specific conditions
c. To transfer powers to the police
d. To cancel all licenses
69. Section 95 of the Act deals with—
a. Licensing of distilleries
b. Power of the State Government to make rules
c. Confiscation of property
d. Recovery of excise revenue
70. The authority empowered to make rules under Section 95 is—
a. The Collector
b. The Excise Commissioner
c. The State Government
d. The High Court
71. Rules under Section 95 are made by the State Government through—
a. Executive order
b. Notification in the Official Gazette
c. Court order
d. Police direction
72. Rules made under Section 95 must be—
a. Consistent with the provisions of the Act
b. Independent of the Act
c. Approved by the High Court
d. Approved by the Collector
73. The rules made under Section 95 are intended to—
a. Amend the Act
b. Carry out the purposes of the Act
c. Replace the Act
d. Cancel existing licenses
74. The State Government may make rules prescribing—
a. Powers and duties of excise officers
b. Manner of dealing with appeals and revisions
c. Procedure for filing prosecution reports by excise officers
d. All of the above
75. Rules may also provide for the procedure for appointment of—
a. District Judges
b. Special Public Prosecutors and Additional Public Prosecutors
c. Police Superintendents
d. Revenue Officers
76. Rules may prescribe the manner of monitoring prosecution of cases under the Act by—
a. The High Court
b. The Collector
c. The Police Department
d. The State Legislature
77. The rules may regulate the process of manufacturing, storage, disposal and denaturation of—
a. Molasses only
b. Spirit and ethanol
c. Beer only
d. Wine only
78. Rules may regulate the time, place, rate and manner of payment of—
a. Fine only
b. Duty or fee
c. Court costs only
d. Police charges
79. The rules may prescribe the authority, form, manner and conditions for granting—
a. Licenses, permits and passes
b. Court decrees
c. Revenue orders
d. Police warrants
80. Rules may also provide for—
a. Destruction or disposal of liquor unfit for use
b. Disposal of confiscated articles
c. Both (a) and (b)
d. Only auction of liquor
81. Rules under Section 95 may provide for grant of rewards to—
a. Police officers only
b. Excise officers and informers
c. Judges and prosecutors
d. Government officials only
82. The rules may regulate the grant of expenses to—
a. Accused persons
b. Excise officers
c. Witnesses
d. Informers only
83. Rules may regulate the power of excise officers to—
a. Arrest judges
b. Summon witnesses
c. Cancel court orders
d. Appoint prosecutors
84. The rules may include provisions to curb activities of—
a. Revenue defaulters
b. Bootleggers dealing illegally in liquor or intoxicants
c. Excise officers
d. Judicial officers
85. Rules may prescribe the manner and procedure relating to—
a. Sealing of premises
b. Confiscation
c. Community fine
d. All of the above
86. Rules may prescribe delegation of powers between—
a. Board, Excise Commissioner and Collector
b. Police and judiciary
c. High Court and District Court
d. State Government and Parliament
87. Section 95 also allows rule-making regarding—
a. Miscellaneous matters considered essential by the Government
b. Only licensing matters
c. Only prosecution matters
d. Only investigation procedures
88. Rules may also be made regarding—
a. Matters required to be prescribed under the Act
b. Matters that may be prescribed under the Act
c. Both (a) and (b)
d. Only matters related to excise revenue
89. Every rule made under this Act must be laid before—
a. The High Court
b. The State Legislature
c. The District Court
d. The Board of Revenue
90. The rule must be placed before the State Legislature for a total period of—
a. 15 days
b. 30 days
c. 45 days
d. 60 days
91. The thirty-day period before the Legislature may be comprised in—
a. Only one session
b. Only two sessions
c. One session or two or more successive sessions
d. Only special sessions
92. If the State Legislature modifies a rule or decides that it should not be made—
a. The rule remains unchanged
b. The rule becomes invalid from the beginning
c. The rule takes effect in modified form or ceases to have effect
d. The rule must be approved by the High Court
93. Any modification or annulment of a rule by the Legislature shall—
a. Invalidate all previous actions taken under that rule
b. Not affect the validity of actions already taken under that rule
c. Cancel all prosecutions under the Act
d. Require fresh investigation of cases
94. Section 96 of the Act deals with—
a. Licensing of distilleries
b. Status and protection of officers under the Act
c. Confiscation of property
d. Recovery of excise revenue
95. Officers exercising powers under this Act are deemed to be public servants under—
a. Section 12 of the Indian Penal Code
b. Section 21 of the Indian Penal Code, 1860
c. Section 120 of the Indian Penal Code
d. Section 34 of the Indian Penal Code
96. The protection of public servant status under Section 96 applies to—
a. Only excise officers
b. All officers and persons empowered under the Act
c. Only police officers
d. Only the Collector
97. A civil suit for damages against the State Government or excise officer shall not lie when—
a. The act was done without authority
b. The act was done in good faith under the Act
c. The act was done by police officers
d. The act was done after conviction
98. The protection against civil suits under Section 96 applies to acts done—
a. Under this Act or any law relating to excise revenue
b. Only under the Indian Penal Code
c. Only under the Code of Criminal Procedure
d. Only under court orders
99. No civil court shall try any suit against the State Government for actions taken—
a. Under the Motor Vehicles Act
b. Under this Act
c. Under the Evidence Act
d. Under municipal laws
100. A Magistrate cannot take cognizance of a charge against an excise officer under this Act without—
a. Permission of the High Court
b. Previous sanction of the State Government
c. Approval of the Collector
d. Police recommendation
101. The protection of sanction under Section 96 applies to—
a. Only excise officers
b. Only police officers
c. Any person charged for acts under this Act
d. Only government ministers
102. The primary purpose of Section 96 is to—
a. Prevent investigation of officers
b. Provide legal protection to officials acting in good faith under the Act
c. Increase excise revenue
d. Transfer cases to civil courts
103. Section 97 of the Act deals with—
a. Appointment of excise officers
b. Continuance of previous orders, notifications, rules and regulations
c. Confiscation of property
d. Recovery of excise revenue
104. Orders, notifications, rules or regulations made under earlier excise laws shall continue in force if—
a. They are approved by the High Court
b They are not inconsistent with the provisions of this Act
c. They are approved by the police authorities
d. They are approved by the District Magistrate
105. Orders continued under Section 97 shall be deemed to have been made under—
a. Bihar Excise Act, 1915
b. Bihar Prohibition Act, 1938
c. This Act
d. Code of Criminal Procedure, 1973
106. Which of the following earlier enactments are referred to in Section 97?
a. Bihar Excise Act, 1915
b. Bihar Prohibition Act, 1938
c. Bihar Excise (Amendment) Act, 2016
d. All of the above
107. Orders that may continue under Section 97 include those issued by—
a. The Excise Commissioner
b. The Collector or the Board
c. Any excise officer appointed under previous enactments
d. All of the above
108. The continuation of previous orders applies to matters relating to—
a. Civil disputes
b. Excise matters
c. Municipal administration
d. Revenue collection only
109. The continuation under Section 97 applies to orders that were in force—
a. At the time of conviction
b. Immediately before the expiration of the earlier enactments
c. After approval by the State Legislature
d. Only after notification by the High Court
110. The objective of Section 97 is to—
a. Repeal all previous orders immediately
b. Ensure continuity of valid rules and orders from earlier excise laws
c. Transfer powers to courts
d.Cancel all earlier regulations
111. Section 98 of the Act deals with—
a. Appointment of Special Courts
b. Repeal and saving provisions
c. Licensing of distilleries
d. Confiscation of property
112. Which Ordinance is repealed under Section 98?
a. Bihar Excise Ordinance, 2016
b. Prohibition and Excise (Amendment and Validation) Ordinance, 2020
c. Bihar Prohibition Ordinance, 1938
d. Bihar Excise Amendment Ordinance, 1981
113. The Prohibition and Excise (Amendment and Validation) Ordinance, 2020 referred to in Section 98 is—
a. Bihar Ordinance No. 02, 2020
b. Bihar Ordinance No. 03, 2020
c. Bihar Ordinance No. 04, 2020
d. Bihar Ordinance No. 05, 2020
114. Despite repeal of the ordinance, actions taken under it—
a. Become invalid immediately
b. Continue to remain valid
c. Require fresh approval from the court
d. Must be repeated under the Act
115. Any action taken under the repealed ordinance shall be deemed to have been taken under—
a. The Indian Penal Code
b. This Act
c. The Code of Criminal Procedure
d. The Bihar Excise Act, 1915
116. The saving clause ensures that actions taken under the ordinance are treated as if—
a. The ordinance was never repealed
b. The Act was in force on the day such action was taken
c. The High Court approved them
d. The Collector confirmed them
117. The main purpose of the repeal and saving clause under Section 98 is to—
a. Cancel all previous actions under the ordinance
b. Preserve the legal validity of actions taken under the repealed ordinance
c. Transfer powers to the judiciary
d. Introduce new licensing procedures
118. Section 99 of the Act deals with—
a. Appointment of Special Judges
b. Validation of earlier excise and prohibition laws
c. Licensing of distilleries
d. Recovery of excise revenue
119. The validation provision operates notwithstanding anything contained in—
a. Orders of the Collector only
b. Any judgement, decree or order of any court, tribunal or authority
c. Police investigation reports
d. Rules made under the Act
120. Section 99 validates the provisions of which principal Act?
a. Bihar Excise Act, 1915
b. Indian Penal Code, 1860
c. Code of Criminal Procedure, 1973
d. Motor Vehicles Act, 1988
121. Which Act relating to prohibition is also validated under Section 99?
a. Bihar Prohibition Act, 1938
b. Bihar Excise Act, 1915
c. Narcotic Drugs and Psychotropic Substances Act, 1985
d. Customs Act, 1962
122. Section 99 also validates provisions of amendments such as—
a. Bihar Excise (Amendment) Act, 1973
b. Bihar Excise (Amending & Validating) Act, 1981
c. Bihar Excise (Amendment) Act, 2016
d. All of the above
123. The validated provisions shall be deemed to have been in force—
a. Only from the date of this Act
b. Only after court approval
c. At all material times
d. Only after legislative amendment
124. The purpose of Section 99 is to ensure—
a. Cancellation of earlier excise laws
b. Legal continuity and validity of earlier excise and prohibition laws despite court decisions
c. Transfer of cases to the High Court
d. Repeal of all previous excise legislation
125. Section 99(b) primarily deals with—
a. Licensing of distilleries
b. Bar on suits or proceedings relating to earlier excise and prohibition laws
c. Recovery of excise revenue
d. Appointment of excise officers
126. Under Section 99(b), no suit or proceeding shall be maintained or continued for enforcement of decrees or orders given under—
a. Bihar Excise Act, 1915 and related amending Acts
b. Bihar Prohibition Act, 1938
c. Both (a) and (b)
d. Only the Bihar Excise Act, 2016
127. The bar on suits or proceedings applies before—
a. Only civil courts
b. Only criminal courts
c. Courts, tribunals or other authorities
d. Only administrative authorities
128. The prohibition on maintaining or continuing suits applies to enforcement of—
a. Police orders only
b. Decrees, orders or directions issued by courts or tribunals under earlier excise laws
c. Government notifications only
d. Revenue orders only
129. The restriction under Section 99(b) applies to provisions as they stood before the commencement of—
a. Bihar Excise Act, 1915
b. Bihar Prohibition and Excise Act, 2016
c. Bihar Prohibition Act, 1938
d. Code of Criminal Procedure, 1973
130. The objective of Section 99(b) is to—
a. Allow fresh suits regarding earlier excise laws
b. Prevent enforcement of earlier decrees or orders inconsistent with the new Act
c. Transfer cases to Special Courts
d. Increase excise penalties
131. Section 100 of the Act deals with—
a. Licensing of distilleries
b. Power to remove difficulties in implementation of the Act
c. Confiscation of property
d. Recovery of excise revenue
132. The authority empowered to remove difficulties in implementing the Act is—
a. The Collector
b. The Excise Commissioner
c. The State Government
d. The High Court
133. The State Government may exercise the power to remove difficulties by issuing—
a. Executive order
b. Notification in the Official Gazette
c. Court order
d. Police direction
134. The provisions made by the State Government to remove difficulties must be—
a. Arbitrary
b. Necessary or expedient for removing the difficulty
c. Approved by the High Court first
d. Limited only to licensing matters
135. The power under Section 100 may be exercised when—
a. Revenue collection decreases
b. Any difficulty arises in giving effect to the provisions of the Act
c. A court directs the government
d. The Excise Commissioner recommends
136. Every notification issued under Section 100 must be laid before—
a. The High Court
b. The State Legislature
c. The Board of Revenue
d. The District Court
137. The purpose of Section 100 is to ensure—
a. Judicial interpretation of the Act
b. Administrative flexibility to address implementation issues
c. Cancellation of existing rules
d. Transfer of powers to police authorities
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