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Bihar Prohibition and Excise Rules, 2021 Amendment (2022) MCQs Set-3
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There are 3 Sets of MCQs available for Bihar Prohibition and Excise Rules, 2021 (Amendment 2022), you are advised to explore all the sets :
1. Rule 1 of the Bihar Prohibition and Excise (Amendment) Rules, 2022 deals with:
a. Definitions
b. Short title, extent and commencement
c. Licensing procedure
d. Confiscation of property
2. The short title of the rules under Rule 1(1) is:
a. Bihar Excise Amendment Rules, 2022
b. Bihar Prohibition Rules, 2022
c. Bihar Liquor Regulation Rules, 2022
d. Bihar Prohibition and Excise (Amendment) Rules, 2022
3. When do the Bihar Prohibition and Excise (Amendment) Rules, 2022 come into force?
a. On the date of approval by the Legislature
b. On the date of notification by the Collector
c. After one month of notification
d. On the date of publication in the Official Gazette
4. The Bihar Prohibition and Excise (Amendment) Rules, 2022 extend to:
a. Selected districts of Bihar
b. Urban areas of Bihar only
c. Only notified areas
d. Whole of the State of Bihar
5. The Bihar Prohibition and Excise (Amendment) Rules, 2022 apply to:
a. All pending cases
b. Only future cases
c. Only decided cases
d. Only criminal cases
6. The Bihar Prohibition and Excise (Amendment) Rules, 2022 substitute which rule of the Bihar Prohibition and Excise Rules, 2021?
a. Rule 10
b. Rule 11
c. Rule 12
d. Rule 13
7. Under the substituted Rule 12, who has the power to seal the premises where an offence under the Act is committed?
a. Collector
b. District Magistrate
c. Police Superintendent
d. Any officer within the meaning of Section 73 of the Act
8. The term “immediately” in relation to sealing of premises means:
a. Within 48 hours
b. During the raid itself
c. Within 72 hours
d. Within 7 days
9. If sealing is not done during the raid, it must be done within how many hours of the institution of the FIR?
a. 12 hours
b. 24 hours
c. 48 hours
d. 72 hours
10. The sealing of premises must be reported to whom within 24 hours?
a. Excise Commissioner
b. State Government
c. Police Superintendent
d. Collector
11. If the premises used for the offence is a temporary structure which cannot be sealed, the officer may:
a. Ignore the structure
b. Lock the structure
c. Demolish it after obtaining order of the Collector
d. Transfer it to police custody
12. A premises shall be fully sealed if intoxicants are:
a. Manufactured
b. Stored or sold
c. Imported or transported
d. All of the above
13. In case of private residential premises, the sealing should preferably apply to:
a. Entire house
b. Entire building
c. Entire locality
d. Only the portion used for committing the offence
14. If a residential premises is used to provide facilities to consume intoxicants to others, such premises shall be:
a. Partially sealed
b. Compulsorily sealed
c. Fined only
d. Warned only
15. If a premises consists of multiple units with different ownership, which unit will be sealed?
a. Entire building
b. Only the floor where offence occurred
c. Only the specific unit where the offence was committed
d. All units owned by the same person
16. Rule 12A inserted by the Amendment Rules, 2022 deals with:
a. Sealing of premises
b. Release of vehicles/conveyances on payment of penalty
c. Bail provisions
d. Confiscation of premises
17. Under Rule 12A, vehicles or conveyances seized under the Act may be released by:
a. Excise Commissioner
b. District Magistrate
c. Police Superintendent
d. Collector or officer authorized by him
18. The release of a seized vehicle under Rule 12A is made upon receipt of an application in which form?
a. Form I
b. Form II
c. Form III
d. Form IV
19. The provision for release of seized vehicles under Rule 12A is based on which section of the Act?
a. Section 57
b. Section 57A
c. Section 57B(1)
d. Section 73
20. If the owner of the seized vehicle cannot be identified or does not claim it, the Collector shall wait for how many days before confiscation and auction?
a. 7 days
b. 10 days
c. 15 days
d. 30 days
21. The penalty for release of a seized vehicle is generally:
a. 25% of insured value
b. 50% of insured value
c. 75% of insured value
d. Full insured value
22. The “insured value” of a vehicle means:
a. Value fixed by Collector
b. Value assessed by the insurance company
c. Value assessed by police
d. Market value of the vehicle
23. If the insured value is not available or appears undervalued, the valuation shall be done by:
a. District Transport Officer
b. Police Superintendent
c. Collector
d. Excise Commissioner
24. If the owner fails to pay the penalty within 15 days of seizure, the Collector shall:
a. Extend the time automatically
b. Release the vehicle
c. Proceed with confiscation and auction
d. Send the case to court
25. Even if penalty is paid, the Collector may refuse release of the vehicle if:
a. Owner is absent
b. Vehicle is old
c. Release is not in public interest
d. Police officer objects
26. If valuation or insurance of a conveyance is not possible, the Collector may:
a. Release it without penalty
b. Fix penalty as he deems fit
c. Send the case to court
d. Transfer it to police
27. While fixing such penalty, the Collector shall consider which of the following?
a. Economic status of the individual
b. Nature of involvement in the crime
c. Quantity of intoxicant recovered
d. All of the above
28. The penalty paid for release of the vehicle under Rule 12A is:
a. Refundable after acquittal
b. Refundable after trial
c. Non-refundable regardless of trial outcome
d. Refundable by court order
29. After release of the seized vehicle under Rule 12A, the owner must:
a. Sell the vehicle immediately
b. Produce the vehicle whenever required by the authorities
c. Register the vehicle again
d. Inform the police station daily
30. The obligation to produce the vehicle after release lies upon:
a. Police officer
b. Excise officer
c. Owner of the vehicle/conveyance
d. Insurance company
31. The explanation under Rule 12A applies to:
a. Only new confiscation cases
b. Only decided cases
c. Pending or ongoing confiscation/auction cases
d. Only cases decided by court
32. In pending confiscation or auction cases, the Collector may allow the owner to:
a. Challenge the FIR
b. Pay the prescribed penalty and get the vehicle released
c. Withdraw the case
d. Transfer the vehicle
33. If the Collector is satisfied about ownership and the penalty is paid, the ongoing confiscation or auction proceeding may be:
a. Continued
b. Suspended temporarily
c. Dropped and the vehicle released
d. Sent to court
34. The authority empowered to allow release of vehicle in pending confiscation cases is:
a. District Magistrate
b. Collector or officer authorized by him
c. Police Superintendent
d. Transport Commissioner
35. Rule 12B inserted by the Amendment Rules, 2022 deals with:
a. Release of premises on payment of penalty
b. Release of vehicles on payment of penalty
c. Seizure of vehicles
d. Bail provisions
36. The release or unsealing of premises under Rule 12B is based on which section of the Act?
a. Section 57
b. Section 57A
c. Section 73
d. Section 57B(2)
37. An application for release of premises under Rule 12B must be submitted in:
a. Form III
b. Form IV
c. Form V
d. Form VI
38. The authority empowered to release or unseal the premises is:
a. Excise Commissioner
b. District Magistrate
c. Police Superintendent
d. Collector or officer authorized by him
39. If the owner of the premises cannot be identified or does not come forward, the Collector shall wait for how many days before confiscation?
a. 7 days
b. 10 days
c. 30 days
d. 15 days
40. While deciding the amount of fine for release of premises, the Collector shall consider:
a. Economic status of the individual
b. Nature of involvement in the crime
c. Location of the premises and quantity of intoxicant recovered
d. All of the above
41. The minimum penalty for release of premises under Rule 12B is:
a. ₹1,00,000
b. ₹50,000
c. ₹75,000
d. ₹2,00,000
42. If the owner does not pay the penalty within 15 days from seizure or sealing, the Collector shall:
a. Extend time automatically
b. Release the premises
c. Proceed with confiscation/auction
d. Refer the matter to court
43. Even if the penalty provision exists, the Collector may refuse release of premises if:
a. The owner is absent
b. The premises are old
c. Release is not in public interest
d. Police objects
44. The penalty paid for release of premises is:
a. Refundable after acquittal
b. Refundable after trial
c. Non-refundable regardless of the outcome of the trial
d. Refundable by court order
45. After release of the premises, the owner must:
a. Sell the premises
b. Allow inspection by authorities whenever required
c. Register the premises again
d. Submit monthly report
46. The explanation under Rule 12B applies to:
a. Only new confiscation cases
b. Only closed cases
c. Pending or ongoing confiscation/auction cases
d. Only cases before Special Court
47. In pending confiscation cases, the Collector may allow the owner to:
a. Withdraw the FIR
b. Pay the prescribed penalty and get the premises released
c. Transfer the property
d. Challenge the seizure
48. After payment of penalty and verification of ownership, the ongoing confiscation/auction proceeding may be:
a. Continued
b. Suspended
c. Dropped and premises released
d. Sent to court
49. The substituted Rule 13 of the Bihar Prohibition and Excise Rules, 2021 deals with:
a. Seizure of vehicles
b. Confiscation of premises/vehicles when not released on penalty
c. Bail provisions
d. Licensing of vehicles
50. Under substituted Rule 13, who may order confiscation of vehicle or premises?
a. District Magistrate
b. Excise Commissioner
c. Police Superintendent
d. Collector or officer authorized by him
51. Confiscation may proceed when release on payment of penalty is:
a. Delayed
b. Not appropriate or not possible
c. Not approved by police
d. Not supported by court
52. Confiscation may also proceed if the owner or accused fails to deposit the penalty within:
a. 7 days
b. 10 days
c. 30 days
d. 14 days (two weeks)
53. The two-week period for depositing penalty is calculated from the date of:
a. FIR registration
b. Arrest
c. Seizure or sealing of vehicle/premises
d. Filing of charge sheet
54. If the penalty is not deposited within the prescribed time, the Collector shall:
a. Extend the time automatically
b. Release the property
c. Proceed with confiscation and auction
d. Send the case to court
55. The confiscation and auction under Rule 13 shall be carried out in accordance with:
a. Rule 12A only
b. Rule 12B only
c. Rule 10 and Rule 11
d. Rule 13A, Rule 13B and Rule 14
56. Rule 13A inserted by the Amendment Rules, 2022 deals with:
a. Release of premises on penalty
b. Procedure for confiscation of vehicle/conveyance
c. Bail provisions
d. Sealing of premises
57. Confiscation proceedings under Rule 13A are initiated when:
a. The vehicle is not released on penalty or the owner fails to pay the penalty
b. The vehicle is old
c. The police file charge sheet
d. The court orders confiscation
58. The proposal for confiscation must be sent to the Collector within how many days from the date of seizure?
a. 15 days
b. 20 days
c. 60 days
d. 30 days
59. If the confiscation proposal is not submitted within 30 days, the police/excise officer must:
a. Seek court approval
b. Explain the delay
c. Cancel the case
d. Send the matter to the State Government
60. After receiving the confiscation proposal, the authority shall issue show cause notice to:
a. Police officer
b. District Magistrate
c. Owner of the vehicle/vessel/conveyance
d. Transport Department
61. Along with the show cause notice, the authority shall also issue notice to:
a. District Transport Officer and Chemical Examiner
b. Police Superintendent
c. District Magistrate
d. Excise Commissioner
62. Service of notice under Rule 13A shall be done according to the procedure prescribed under:
a. Indian Penal Code
b. Civil Procedure Code
c. Code of Criminal Procedure, 1973
d. Evidence Act
63. The authority must obtain reports from the District Transport Officer and Chemical Examiner within how many days of seizure?
a. 15 days
b. 30 days
c. 45 days
d. 60 days
64. The owner of the vehicle must be given:
a. Police notice only
b. Reasonable opportunity of hearing
c. Court summons only
d. Written warning
65. The investigating or inquiry officer may:
a. Arrest the owner
b. Participate in the confiscation hearing
c. Decide the confiscation
d. Issue penalty
66. If the owner fails to appear on how many consecutive hearing dates, the confiscating authority may pass an ex parte order?
a. One
b. Two
c. Three
d. Four
67. After hearing the parties, the authority may pass confiscation order if satisfied that:
a. The vehicle is unregistered
b. An offence has been committed under the Act
c. The vehicle is damaged
d. Police recommend confiscation
68. The confiscation order must be passed within how many days from the date of seizure of the vehicle?
a. 30 days
b. 60 days
c. 90 days
d. 120 days
69. A person aggrieved by the confiscation order may:
a. File revision before police
b. File appeal in the manner prescribed under the Rules
c. File complaint before transport authority
d. Approach the High Court directly
70. Rule 13B inserted by the Amendment Rules, 2022 deals with:
a. Procedure for confiscation of premises
b. Release of vehicles on penalty
c. Bail provisions
d. Sealing of vehicles
71. Confiscation proceedings under Rule 13B are initiated when:
a. The premises are old
b. The premises are not released on penalty or the owner fails to pay the penalty
c. The police file charge sheet
d. The court orders confiscation
72. The proposal for confiscation of premises must be sent to the Collector within how many days from the date of seizure/sealing?
a. 15 days
b. 20 days
c. 60 days
d. 30 days
73. If the confiscation proposal is submitted after 30 days, the police/excise officer must:
a. Seek court approval
b. Explain the delay
c. Cancel the case
d. Send the matter to State Government
74. On receiving the proposal for confiscation, the authority shall issue show cause notice to:
a. Police officer
b. District Magistrate
c. Owner of the premises or property
d. Transport Officer
75. Along with the show cause notice, the authority shall also issue notice to:
a. District Transport Officer
b. Chemical Examiner and/or revenue officers
c. Police Superintendent
d. Excise Commissioner
76. Service of notice under Rule 13B shall follow the procedure prescribed under:
a. Indian Penal Code
b. Civil Procedure Code
c. Code of Criminal Procedure, 1973
d. Evidence Act
77. The owner of the premises must be given:
a. Police notice
b. Reasonable opportunity of hearing
c. Court summons
d. Written warning
78. The investigating or inquiry officer may:
a. Decide the confiscation
b. Participate in the hearing
c. Arrest the owner
d. Issue penalty
79. If the person served with notice fails to appear on how many consecutive hearing dates, the confiscating authority may pass an ex parte order?
a. One
b. Two
c. Three
d. Four
80. After hearing the parties, the authority may pass which of the following orders?
a. Confiscation of premises
b. Unsealing of premises
c. Both (a) and (b)
d. Cancellation of FIR
81. The confiscation order must be passed within how many days from the date of seizure or sealing of the premises?
a. 30 days
b. 60 days
c. 90 days
d. 120 days
82. Under Rule 13B(8), who may file an appeal against the confiscation order?
a. Only the police officer
b. Any person aggrieved by the order
c. Only the Excise Commissioner
d. Only the owner of the premises
83. The appeal referred to in Rule 13B(8) is against the order passed by:
a. Police Officer
b. District Magistrate
c. Collector
d. Excise Inspector
84. The appeal against the Collector’s order shall be filed:
a. Directly before the High Court
b. Before the Special Court
c. In the manner prescribed under these Rules
d. Before the police authority
85. Rule 13B(8) provides the right of appeal in matters relating to:
a. Bail orders
b. Confiscation of premises
c. Registration of vehicles
d. Licensing of liquor shops
86. The substituted Rule 14 deals with:
a. Sealing of premises
b. Auction or destruction of seized/confiscated items
c. Bail provisions
d. Licensing of liquor shops
87. Seized or confiscated items may be disposed of by:
a. Only destruction
b. Only auction
c. Either auction or destruction
d. Only court order
88. The authority empowered to dispose of seized/confiscated items is:
a. District Magistrate
b. Collector or officer authorized by him
c. Police Superintendent
d. Excise Commissioner
89. A seized article may be destroyed before confiscation if it is:
a. Liable to speedy and natural decay
b. Of trifling value or likely to be misused
c. Endangering public safety or occupying public space
d. All of the above
90. The power to destroy such seized articles is exercised under which sections of the Act?
a. Section 57 and 57A
b. Section 52 and 73
c. Section 37 and 54
d. Section 92 only
91. Seized liquor must generally be destroyed within how many days after seizure?
a. 7 days
b. 10 days
c. 15 days
d. 30 days
92. Before destruction of seized liquor, the Collector must obtain the report of:
a. Police officer
b. Chemist/Chemical Examiner
c. District Magistrate
d. Transport officer
93. Confiscated vehicles, animals, vessels or premises shall generally be sold by:
a. Private sale
b. Court order
c. Public auction
d. Government transfer only
94. The auction of confiscated items must normally be conducted within:
a. 15 days
b. 30 days
c. 45 days
d. 90 days
95. The one-month period for auction begins from the date of:
a. Seizure of property
b. Filing of charge sheet
c. Attainment of finality of confiscation order
d. Registration of FIR
96. Before auction, the Collector may cause valuation of:
a. Vehicle or conveyance
b. Premises
c. Property liable to auction
d. All of the above
97. Bids for auction must be invited through public advertisement in:
a. National newspaper only
b. At least one local or vernacular newspaper
c. Government website only
d. Police notice board
98. If no bid is received in the first auction attempt, the Collector may:
a. Cancel the auction
b. Transfer property to government
c. Invite bids again
d. Destroy the property
99. If no bid is received even after how many auction attempts, the item may be sold on “as is where is” basis?
a. One
b. Two
c. Three
d. Four
100. The term “finality” under Rule 14 refers to:
a. Date of seizure
b. Date of Collector’s order
c. Date of Excise Commissioner’s order under Section 92
d. Date of charge sheet
101. The substituted Rule 18 deals with:
a. Bail provisions
b. Arrest and enquiry for consumption of liquor
c. Confiscation of vehicles
d. Licensing of liquor shops
102. When a person is arrested for the first time under Section 37 of the Act, he must be produced before:
a. Judicial Magistrate
b. Executive Magistrate duly authorized
c. District Magistrate
d. Excise Commissioner
103. The arrested person must be produced before the Executive Magistrate by:
a. Collector
b. Police officer or Excise officer
c. District Magistrate
d. Transport officer
104. After arrest, the police/excise officer must conduct an enquiry and submit a report in:
a. Form V
b. Form VI
c. Form VII
d. Form VIII
105. During enquiry, the officer must ascertain:
a. Identity of the accused
b. ID proof of the accused
c. Whether the accused cooperated and underwent medical examination or breath analysis
d. All of the above
106. The deposition of the accused before the Executive Magistrate is recorded in:
a. Form VI
b. Form VIA
c. Form VII
d. Form V
107. For first-time offence under Section 37, the Executive Magistrate may impose a fine of:
a. ₹500 – ₹2,000
b. ₹1,000 – ₹3,000
c. ₹2,000 – ₹5,000
d. ₹5,000 – ₹10,000
108. If the accused refuses to pay the fine, he may be sentenced to:
a. 15 days simple imprisonment
b. 30 days simple imprisonment
c. 6 months imprisonment
d. 1 year imprisonment
109. The order sheet format used by the Executive Magistrate is prescribed in:
a. Form V
b. Form VI
c. Form VII
d. Form VIII
110. If the police/excise officer recommends that the accused should not be released on payment of fine, the Executive Magistrate may:
a. Cancel the case
b. Send the case to Special Court
c. Commit the accused to simple imprisonment of 30 days
d. Grant bail
111. If a person previously convicted under Section 37 is arrested again, the Executive Magistrate shall sentence him to:
a. 6 months imprisonment
b. 1 year simple imprisonment
c. 2 years imprisonment
d. 3 years imprisonment
112. If a first-time offender cannot immediately pay the fine and requests time, the Executive Magistrate may:
a. Release him immediately
b. Commit him to judicial custody until the fine is paid
c. Cancel the penalty
d. Send the case to Special Court
113. The penalty imposed under Rule 18 is:
a. Refundable after trial
b. Refundable by court order
c. Non-refundable regardless of the outcome of the trial before Special Court
d. Refundable after appeal
114. If liquor or intoxicant is found in possession of the accused, the Executive Magistrate may order its destruction under:
a. Section 52
b. Section 57 and 57A
c. Section 37
d. Section 92
115. Vehicles or premises from which liquor is recovered shall be dealt with through:
a. Same proceeding before Executive Magistrate
b. Separate proceeding for penalty or confiscation
c. Police custody only
d. Special Court trial only
116. Rule 18A deals with:
a. Bail in prohibition cases
b. Transfer of cases under Section 37 from Special Courts
c. Confiscation of vehicles
d. Sealing of premises
117. After the amendment, offences under Section 37 of the Act shall be disposed of by:
a. Special Courts
b. Judicial Magistrate First Class
c. Executive Magistrates empowered by the Patna High Court
d. Sessions Court
118. The Executive Magistrates who dispose of cases under Section 37 are conferred powers of:
a. Judicial Magistrate Second Class
b. Judicial Magistrate First Class
c. Sessions Judge
d. Metropolitan Magistrate
119. The authority that confers powers on Executive Magistrates for these cases is:
a. State Government
b. District Magistrate
c. Patna High Court
d. Excise Commissioner
120. The District Magistrate recommends names of Executive Magistrates to:
a. Special Court
b. State Government
c. Excise Commissioner
d. District & Sessions Judge
121. After receiving the recommendation, the State Government sends the proposal to:
a. District Court
b. Patna High Court
c. Special Court
d. Excise Commissioner
122. After powers are conferred, the District Magistrate shall take over pending Section 37 cases from:
a. Police Stations
b. Special Courts
c. District Courts
d. Excise Offices
123. The list of pending cases is prepared by the District Magistrate in consultation with:
a. Police Superintendent
b. Excise Commissioner
c. District & Sessions Judge
d. Judicial Magistrate
124. The enlistment and transfer of cases must be completed within how many days after conferment of powers?
a. 15 days
b. 30 days
c. 45 days
d. 60 days
125. After taking over the cases, the District Magistrate shall distribute them to:
a. Police officers
b. Special Courts
c. Empowered Executive Magistrates
d. Excise officers
126. If in a transferred case the accused has already undergone 30 days of imprisonment, the Executive Magistrate may:
a. Continue the trial
b. Close the proceedings after issuing summons
c. Send the case to Special Court
d. Order fresh trial
127. If the accused has not completed 30 days of imprisonment, the Executive Magistrate may:
a. Dismiss the case
b. Issue summons and close the proceedings after payment of penalty
c. Send the accused to police custody
d. Transfer the case back to Special Court
128. Until the Patna High Court confers powers on Executive Magistrates, cases under Section 37 filed after 1 April 2022 shall be handled by:
a. District Magistrate
b. Special Courts
c. Executive Magistrates
d. Sessions Court
129. The Special Courts may impose punishment for such cases according to:
a. Rule 13
b. Rule 18
c. Rule 12A
d. Rule 14
130. For cases filed before 1 April 2022, the Special Court shall continue to dispose them until:
a. State Government orders otherwise
b. Executive Magistrates take over the cases
c. Police withdraw the case
d. Excise Commissioner decides
131. Rule 18B applies to cases:
a. Only under Section 37
b. Only under Section 54
c. Other than Section 37
d. Only confiscation cases
132. Under Rule 18B, the procedure for arrest and investigation shall follow which law primarily?
a. Indian Penal Code, 1860
b. Code of Criminal Procedure, 1973
c. Civil Procedure Code, 1908
d. Motor Vehicles Act, 1988
133. Evidence in cases under Rule 18B shall be governed by:
a. Indian Evidence Act, 1872
b. Civil Procedure Code
c. Companies Act
d. Police Act
134. Apart from CrPC and the Evidence Act, which manual also applies under Rule 18B?
a. Police Training Manual
b. Bihar Police Manual
c. Central Police Manual
d. Judicial Manual
135. The provisions of CrPC, Evidence Act and Bihar Police Manual apply under Rule 18B in relation to:
a. Arrests
b. Investigation and submission of charge sheet
c. Supervision of cases
d. All of the above
136. The applicability of these laws under Rule 18B is subject to:
a. Orders of the Collector
b. Provisions expressly provided in the Act and Rules
c. Police approval
d. Court direction
137. The substituted Rule 19 deals with:
a. Arrest procedure
b. Bail in case of offence under Section 54(2)
c. Confiscation of vehicles
d. Sealing of premises
138. Bail for a first-time offence under Section 54(2) of the Act shall be governed by which provision?
a. Section 436 CrPC
b. Section 437 CrPC
c. Section 438 CrPC
d. Section 439 CrPC
139. Rule 19 applies to offences committed under which provision of the Act?
a. Section 37(1)
b. Section 54(1)
c. Section 54(2)
d. Section 57
140. Bail under Rule 19 is applicable when the offence under Section 54(2) is committed:
a. For the second time
b. For the first time
c. After conviction
d. Only after trial
141. To establish identity for release on bail, the accused must furnish:
a. Address proof only
b. Aadhaar card only
c. Valid photo identity card
d. Police verification
142. The valid photo identity card must be furnished along with:
a. FIR copy
b. Bail bond
c. Charge sheet
d. Seizure memo
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