Jammu And Kashmir Excise Act, Samvat 1958 Set -3

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1. What is the focus of Section 30(2)?

a. Trial procedure

b. Custody after arrest by non-Excise officer

c. Appeal process

d. Bail provisions

2. A person arrested by someone other than an Excise & Taxation Officer must be taken before whom?

a. Magistrate

b. Deputy Commissioner

c. Nearest Inspector, Excise & Taxation

d. Police Constable

3. Along with the accused, what must also be produced before the Inspector?

a. Only written report

b. Liquor, drug, or seized article

c. Witnesses

d. Licence records

4. The time spent bringing the accused to the Inspector is—

a. Counted in the 24-hour limit

b. Ignored only if approved by court

c. Not counted in the 24-hour limit

d. Counted only at night

5. After taking charge of the accused, the Inspector shall—

a. Release him immediately

b. Send him to jail without inquiry

c. Hold such inquiry as he thinks necessary

d. Wait for court order

6. Who may transfer the case for inquiry to another officer?

a. Commissioner

b. Deputy Commissioner

c. Magistrate

d. Police Inspector

7. The transferred officer must be at least of what rank?

a. Constable

b. Sub-Inspector

c. Inspector

d. Superintendent

8. An officer conducting inquiry must record proceedings—

a. Weekly

b. Monthly

c. Day by day in a diary

d. Only at the end

9. The inquiry diary must include—

a. Time information received

b. Places visited

c. Circumstances found

d. All of these

10. A criminal court may use such diaries—

a. As primary evidence

b. Only to aid inquiry or trial

c. To convict directly

d. To replace witnesses

11. The accused has the right to demand these diaries—

a. Always

b. Only with lawyer

c. No, not merely because court refers to them

d. Only during trial

12. The accused may see the diary if—

a. He requests politely

b. Court orders routine inspection

c. It is used to refresh memory or contradict officer

d. He is on bail

13. When diary is used for contradiction, which law provisions apply?

a. CPC Sections only

b. Evidence Act Sections 161 or 145

c. IPC provisions

d. CrPC Section 144

14. Under Section 30(4), the Government may empower which police officers?

a. Any constable

b. Only Inspectors

c. Officers in charge of police station not below Sub-Inspector with powers exercisable by an Excise Inspector under the Excise Act.]

d. Only DSP rank

15. What power is granted under Section 31?

a. Power to grant bail

b. Power to arrest for refusal to identify

c. Power to search property

d. Power to impose fine

16. A person may be arrested under this section if he—

a. Commits any civil wrong

b. Refuses to give name or residence on demand

c. Fails to produce licence immediately

d. Refuses to sign statement

17. Arrest under Section 31 is allowed when the person is—

a. Only convicted

b. Only charged by court

c. Accused or reasonably suspected of committing an offence

d. Only previously arrested

18. Who can demand name or residence under this provision?

a. Any citizen

b. Only Magistrate

c. Excise & Taxation Officer or duly empowered person

d. Only Police Commissioner

19. Arrest is permitted if the officer believes the given name or residence is—

a. Incomplete

b. Hard to spell

c. False

d. Too long

20. The purpose of arrest under Section 31 is to—

a. Punish immediately

b. Detain indefinitely

c. Ascertain true name and residence

d. Recover fine

21. Which condition alone is sufficient for arrest under this section?

a. Silence when questioned about offence details

b. Refusal to disclose identity

c. Failure to produce documents

d. Suspicion of tax evasion

22. If a person provides identity details but they appear genuine, arrest—

a. Must be made

b. May be made regardless

c. Cannot be made under this section

d. Requires court order

23. The authority to arrest under this section is primarily linked to—

a. Trial procedure

b. Identification verification

c. Evidence collection

d. Property seizure

24. Section 31 primarily safeguards—

a. Government revenue

b. Officer’s promotion

c. Proper identification of suspects

d. Court workload

25. Section 32 primarily deals with—

a. Arrest procedure

b. Trial procedure

c. Manner of conducting searches

d. Punishment provisions

26. Searches under this Act must be conducted in accordance with which law?

a. Indian Penal Code

b. Evidence Act

c. Criminal Procedure Code, 1973

d. Civil Procedure Code

27. Section 32 applies to—

a. Only police searches

b. Only excise officer searches

c. All searches under this Act

d. Only warrant searches

28. The purpose of linking searches to the Criminal Procedure Code is to ensure—

a. Faster conviction

b. Uniform legal procedure

c. Higher penalties

d. Automatic seizure

29. If a search is conducted ignoring CrPC provisions, it may be considered—

a. Automatically valid

b. Legally irregular

c. Mandatory

d. Taxable

30. Section 32 ensures searches are conducted—

a. Secretly

b. Arbitrarily

c. Lawfully

d. Privately

31. Which principle is reinforced by this section?

a. Revenue maximization

b. Procedural fairness

c. Administrative secrecy

d. Executive supremacy

32. The reference to CrPC means officers must follow—

a. Personal instructions

b. Departmental traditions

c. Statutory search procedure

d. Oral orders only

33. Section 32 mainly acts as a—

a. Penal clause

b. Procedural safeguard

c. Licensing rule

d. Taxation rule

34. This section limits officers by requiring them to act—

a. Without delay

b. Without witnesses

c. Within legal procedure

d. With media presence

35. Section 33 primarily lays down—

a. Powers of arrest

b. Duty of assistance to Excise Officers

c. Punishment provisions

d. Licensing procedure

36. Under Section 33, which officers are bound to assist Excise and Taxation Officers?

a. Only police officers

b. Only revenue officers

c. Police, Revenue officers, village headmen, and Choukidars

d. Only village officials

37. The obligation imposed under this section is—

a. Optional

b. Advisory

c. Legal duty

d. Moral duty only

38. Village headmen and Choukidars must assist—

a. Only when ordered by court

b. Only during daytime

c. In carrying out provisions of the Act

d. Only during raids

39. Failure to assist when legally bound may amount to—

a. Reward entitlement

b. Legal violation

c. Promotion eligibility

d. Tax exemption

40. Section 33 strengthens enforcement by—

a. Limiting powers

b. Expanding manpower support

c. Reducing duties

d. Eliminating inspections

41. The assistance required under this section relates to—

a. Civil disputes

b. Excise law implementation

c. Election duty

d. Land settlement

42. Which of the following is not specifically mentioned in Section 33?

a. Police officers

b. Revenue officers

c. Village headmen

d. Magistrates

43. The purpose of this provision is mainly to ensure—

a. Administrative delay

b. Coordination among authorities

c. Reduced enforcement

d. Revenue exemption

44. Section 33 can be described as a provision relating to—

a. Judicial powers

b. Inter-departmental cooperation

c. Tax exemption

d. Licensing cancellation

45. Section 34 primarily deals with—

a. Licensing procedure

b. Reporting of offences by officers

c. Duty levy system

d. Permit cancellation

46. Under Section 34, which officers must report offences under the Act?

a. Only Excise Officers

b. Only Police Officers

c. All Government officers except Excise Officers

d. Only Magistrates

47. To whom must a non-Excise officer report an offence?

a. Court only

b. Police station only

c. Excise and Taxation Officer

d. Village headman

48. An Excise and Taxation Officer must report offences to—

a. Public directly

b. Media

c. Immediate superior or Deputy Commissioner

d. Only court

49. The information regarding breaches must be given—

a. Monthly

b. Within reasonable time

c. Immediately

d. After written notice

50. Section 34 imposes which type of obligation on officers?

a. Optional duty

b. Discretionary power

c. Mandatory duty

d. Personal choice

51. Officers must also take reasonable measures to—

a. Record statements

b. Prevent commission of offences

c. Issue licences

d. Collect revenue only

52. The duty to prevent breaches arises when an officer—

a. Receives court order

b. Is off duty

c. Knows or has reason to believe an offence is likely

d. Is transferred

53. Which of the following best describes Section 34?

a. Taxation clause

b. Preventive enforcement provision

c. Judicial review clause

d. Appeal provision

54. Failure of an officer to report offences under this section may amount to—

a. Reward eligibility

b. Compliance with law

c. Neglect of legal duty

d. Promotion ground

55. Section 35 primarily relates to—

a. Licensing of vendors

b. Duty assessment

c. Obligation to report illegal manufacture or cultivation

d. Appeal procedure

56. Who are required to give information under Section 35?

a. Only Magistrates

b. Only Police Officers

c. Land-holders and cultivators concerned with land

d. Judges only

57. The duty arises when illegal activity occurs on land relating to—

a. Gambling

b. Liquor or intoxicating drugs

c. Theft

d. Arms dealing

58. Which activity must be reported if unlicensed?

a. Sale of crops

b. Manufacture of liquor

c. Irrigation

d. Harvesting wheat

59. Information must be given to—

a. Village headman only

b. Magistrate or Excise and Taxation Officer

c. Any citizen

d. Court clerk

60. When must such information be given?

a. Within 30 days

b. At convenience

c. Immediately after knowledge

d. After written notice

61. Failure to report is excused only if there is—

a. Written permission

b. Reasonable excuse

c. Witness approval

d. Police consent

62. Section 35 applies to which plants specifically?

a. Tea and coffee

b. Hemp or poppy plants

c. Cotton only

d. Bamboo only

63. A tenant aware of illegal intoxicant manufacture must report it because—

a. It is optional

b. It is a legal obligation

c. It is moral advice

d. It is a police request

64. The purpose of Section 35 is mainly—

a. Revenue collection

b. Judicial reform

c. Early detection of excise offences

d. Land redistribution

65. Section 35-A mainly deals with—

a. Grant of licences

b. Seizure and destruction of illegal poppy or hemp plants

c. Appeal against excise duty

d. Transport permits

66. Action under Section 35-A can be taken when an officer has reason to believe that plants are—

a. Diseased

b. Imported

c. Unlawfully cultivated

d. Drying

67. Who is empowered to seize and destroy such plants?

a. Any citizen

b. Only village headman

c. Excise and Taxation Officer or authorised officer

d. School teacher

68. Such seizure and destruction must take place in the presence of—

a. Police constable

b. Magistrate

c. Village elder

d. Lawyer

69. The Magistrate required under Section 35-A may be—

a. Civil Judge only

b. Sessions Judge only

c. Judicial Magistrate or Executive Magistrate

d. High Court Judge only

70. The plants covered under Section 35-A are—

a. Sugarcane and wheat

b. Tea and coffee

c. Poppy or hemp

d. Cotton and jute

71. Seizure and destruction of plants under this section—

a. Cancels criminal liability

b. Prevents prosecution

c. Does not protect offender from prosecution

d. Grants immunity

72. The purpose of Section 35-A is primarily—

a. Agricultural promotion

b. Control of unlawful intoxicant sources

c. Tax exemption

d. Land survey

73. Authority to act under this section must be based on—

a. Complaint only

b. Suspicion alone without reason

c. Reason to believe

d. Written order from court only

74. Which statement is correct?

a. Destruction must wait for trial completion

b. Officer may act immediately once belief is formed

c. Only farmers can destroy plants

d. Court must destroy plants itself

75. What is the subject matter of Section 36 of the Act?

a. Power of search and seizure

b. Duty of Excise and Taxation Officer to produce arrested person before a Judicial Magistrate without unnecessary delay

c. Grant of bail by police officer

d. Trial procedure under the Act

76. An Excise and Taxation Officer arresting a person under the Act shall

a. Keep him in custody for 48 hours

b. Produce him before the District Magistrate

c. Without unnecessary delay and subject to bail provisions, take him before a Judicial Magistrate having jurisdiction

d. Release him on personal bond

77. The obligation under Section 36 applies not only to the arresting officer but also to

a. Any police officer

b. Officer who has taken charge of the accused under Section 30(2)

c. Revenue officer

d. Complainant

78. The Magistrate before whom the arrested person must be produced shall

a. Be any Executive Magistrate

b. Be a Judicial Magistrate having jurisdiction to try the case

c. Be the nearest Magistrate

d. Be the District Magistrate

79. The production of an arrested person before the Magistrate under Section 36 must be done

a. Within 24 hours

b. Within 48 hours

c. Without unnecessary delay

d. Within one week

80. The duty to produce the arrested person is

a. Discretionary

b. Conditional upon court order

c. Mandatory

d. Applicable only in cognizable offences

81. Production before Magistrate under Section 36 is

a. Independent of bail provisions

b. Subject to provisions relating to bail contained in the Act

c. Subject to CrPC only

d. Applicable only after investigation

82. Section 36 applies to arrest made

a. Under CrPC only

b. Under this Act

c. Under any law

d. Under IPC

83. If an Excise and Taxation Officer delays production of an arrested person without justification, it would be

a. Valid detention

b. In conformity with Section 36

c. Contrary to the requirement of “without unnecessary delay”

d. Permissible if investigation is pending

84. The expression “having jurisdiction to try the case” signifies that

a. Any Magistrate may try the case

b. Only a Judicial Magistrate competent territorially and legally may try it

c. Only District Magistrate may try it

d. Only Executive Magistrate may try it

85. Section 37 primarily deals with—

a. Grant of warrants

b. Maximum period of detention after arrest

c. Licensing procedure

d. Trial procedure

86. Who is restricted by Section 37 from detaining a person beyond the prescribed time?

a. Any citizen

b. Magistrate

c. Excise and Taxation Officer

d. Village headman

87. The detention period must not exceed what duration without a Magistrate’s special order?

a. 12 hours

b. 24 hours

c. 48 hours

d. 7 days

88. The 24-hour detention limit excludes—

a. Meal time

b. Investigation time

c. Journey time from arrest place to court

d. Night hours

89. A longer detention than 24 hours is allowed only if—

a. Police approve

b. Commissioner approves

c. Magistrate passes a special order under Section 40

d. Officer decides

90. Section 37 requires detention to be—

a. Arbitrary

b. Fixed always at 24 hours

c. Reasonable under circumstances

d. At officer’s discretion only

91. The rule applies to officers who—

a. Only investigate

b. Arrest or take charge of accused

c. Issue licences

d. Collect duty

92. If detention exceeds the permitted period without order, it would be—

a. Lawful

b. Optional

c. Unlawful

d. Mandatory

93. Section 37 acts as a safeguard against—

a. Revenue loss

b. Illegal cultivation

c. Prolonged custody without judicial oversight

d. Licence misuse

94. The phrase “under all the circumstances of the case is reasonable” means detention must be—

a. Automatic

b. Unlimited

c. Justified by facts of the case

d. Always 24 hours

95. Section 38 mainly deals with—

a. Licensing rules

b. Classification and trial of certain offences

c. Tax recovery

d. Search procedures

96. Section 38 begins with a clause overriding which law?

a. Evidence Act

b. Civil Procedure Code

c. Criminal Procedure Code, 1973

d. Indian Penal Code

97. Offences under clauses (b), (d), and (e) of Section 48 and Section 50(1) are classified as—

a. Compoundable

b. Bailable

c. Non-bailable

d. Cognizable only

98. The purpose of declaring offences non-bailable is to—

a. Reduce punishment

b. Allow automatic release

c. Restrict release on bail without court discretion

d. Cancel trial

99. Which of the following sections’ offences are triable summarily under Section 38?

a. Sections 10–15

b. Sections 48, 49, 50, 50-A, 50-B, 55, and Section 56(1)

c. Sections 1–5

d. Only Section 48

100. Summary trial means the case is—

a. Tried by jury

b. Decided without evidence

c. Tried through a simplified and speedy procedure

d. Automatically dismissed

101. Section 38’s overriding clause means its provisions apply—

a. Only if police agree

b. Only during emergencies

c. Even if other procedural laws differ

d. Only to civil cases

102. The declaration of certain offences as non-bailable primarily affects—

a. Investigation stage only

b. Bail eligibility

c. Evidence collection

d. Tax calculation

103. The offences listed for summary trial are generally intended to be—

a. Lengthy and complex

b. Minor or suitable for quick disposal

c. Civil in nature

d. Non-punishable

104. Section 38 ensures stricter procedural treatment for certain offences by—

a. Abolishing trials

b. Making them compoundable

c. Making some non-bailable and others summarily triable

d. Removing penalties

105. Section 39 mainly deals with—

a. Search powers

b. Bail provisions

c. Licensing procedure

d. Duty recovery

106. Section 39 applies provisions of which law to persons arrested under this Act?

a. Indian Penal Code

b. Evidence Act

c. Code of Criminal Procedure, 1973 (Chapter XXXIII)

d. Civil Procedure Code

107. The term mutatis mutandis in Section 39 means—

a. Completely repealed

b. Applied with necessary modifications

c. Ignored

d. Applied only partially by court order

108. The bail provisions under Section 39 apply to persons who are—

a. Only convicted

b. Only witnesses

c. Arrested, detained, or brought before a Court under the Act

d. Only license holders

109. Section 39 modifies which expression from the CrPC provisions?

a. Magistrate

b. Public Prosecutor

c. Officer-in-charge of a Police Station

d. Sessions Judge

110. Under Section 39, “officer-in-charge of a Police Station” is replaced by—

a. Any government officer

b. Excise and Taxation Officer not below Inspector rank

c. Revenue Officer

d. Village headman

111. The substitution made in Section 39 primarily affects—

a. Trial procedure

b. Investigation powers

c. Authority competent to grant bail-related functions

d. Sentencing powers

112. The purpose of Section 39 is to—

a. Create new bail rules entirely

b. Abolish bail

c. Extend existing bail law with specific modification

d. Restrict courts from granting bail

113. Which rank of Excise and Taxation Officer is authorized under Section 39 for substituted powers?

a. Any rank

b. Only Commissioner

c. Not below Inspector

d. Only Sub-Inspector

114. Section 39 ensures that bail matters under this Act are handled—

a. Outside legal procedure

b. According to standard criminal procedure with adjustments

c. Only by administrative order

d. Without judicial oversight

115. Section 40 mainly deals with—

a. Trial procedure

b. Procedure when enquiry cannot be completed within 24 hours

c. Appeal process

d. Licensing rules

116. Section 40 applies when—

a. The accused confesses

b. Investigation is completed early

c. Enquiry cannot be completed within 24 hours of arrest

d. Bail is granted

117. If enquiry cannot be completed within 24 hours, the officer must—

a. Release the accused immediately

b. Send accused to police station

c. Forward report and accused to nearest Magistrate

d. Transfer case to Government

118. The report sent to the Magistrate must contain—

a. Only accused’s name

b. Circumstances of arrest and pending information

c. Statement of witnesses only

d. Final judgment

119. The Magistrate may authorize detention for a maximum period of—

a. 7 days

b. 10 days

c. 15 days in total

d. 30 days

120. A Magistrate receiving the accused under Section 40 may authorize detention—

a. Only if he has trial jurisdiction

b. Whether or not he has jurisdiction to try the case

c. Only after police approval

d. Only if Government directs

121. If a Magistrate without jurisdiction finds further detention unnecessary, he shall—

a. Release accused permanently

b. Send accused to police custody

c. Forward accused to competent Magistrate

d. Close the case

122. Detention in custody other than judicial lock-up may be authorised only by—

a. Any Magistrate

b. Executive Magistrate

c. Magistrate of the first class

d. Police Officer

123. When a Magistrate authorizes detention other than judicial lock-up, he must—

a. Inform Government

b. Take written consent of accused

c. Record reasons

d. Seek police approval

124. Section 40 safeguards personal liberty primarily by—

a. Allowing unlimited detention

b. Fixing maximum detention period and judicial oversight

c. Removing court supervision

d. Giving absolute power to officers

125. Section 41 deals with—

a. Trial procedure

b. Arrest of persons suspected of offences under the Act

c. Licensing rules

d. Appeal provisions

126. Who is empowered under Section 41(1) to arrest or order arrest?

a. Police Inspector

b. Excise Constable

c. Deputy Commissioner

d. Magistrate only

127. Before ordering arrest under Section 41, the Deputy Commissioner must—

a. Obtain court permission

b. Record reasons in writing after enquiry

c. Inform police station

d. Issue public notice

128. A person arrested under Section 41 shall ordinarily be—

a. Released without conditions

b. Released on bail

c. Sent to jail for 15 days

d. Detained indefinitely

129. Bail is not mandatory if the accused is charged under—

a. Any section of the Act

b. Only minor offences

c. Clauses (b), (d), (e) of Section 48 or Section 50(1)

d. Civil offences

130. If the arrested person cannot furnish bail, he shall be dealt with according to—

a. Section 13 procedure

b. Section 25 rules

c. Section 30 provisions

d. Section 20 licence rules

131. Section 41 requires written reasons primarily to ensure—

a. Faster arrests

b. Administrative convenience

c. Accountability and legality of arrest

d. Higher penalties

132. Arrest under Section 41 may be made when the authority—

a. Receives anonymous complaint only

b. Has reason to believe offence committed

c. Is ordered by Government always

d. Suspects future offence only

133. If a person is arrested for offences under Section 48(b), (d), (e), bail—

a. Must always be granted

b. May be refused as per Act provisions

c. Is illegal

d. Requires High Court approval

134. Section 41 primarily grants arrest powers to—

a. Courts

b. Legislature

c. Executive authority (Deputy Commissioner)

d. Private citizens

135. Section 42 deals with—

a. Arrest powers

b. Trial procedure

c. Power of Excise and Taxation Officer to require attendance of witnesses

d. Licensing system

136. Under Section 42, who may require a person’s attendance?

a. Any police constable

b. Magistrate only

c. Excise and Taxation Officer empowered to hold enquiry

d. Village headman

137. The order requiring attendance under Section 42 must be—

a. Oral

b. Written

c. Approved by court

d. Notified publicly

138. A person may be summoned if he—

a. Is a relative of accused

b. Appears acquainted with case circumstances

c. Is a government servant only

d. Is complainant only

139. Besides attendance, the officer may require the person to—

a. Pay fees

b. Sign confession

c. Produce relevant documents

d. Give surety

140. Which person is exempt from appearing anywhere except residence?

a. Government officer

b. Pardhanashin lady

c. Witness for defence

d. Complainant

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