Jammu And Kashmir Excise Act, Samvat 1958 Set -4

Download Jammu And Kashmir Excise Act, Samvat 1958 Set -4 PDF

1. A sick or infirm person required under Section 42—

a. Must appear at office

b. Must send representative

c. Need not attend except at residence

d. Must appear before court only

2. Section 42 powers are exercised during—

a. Trial stage only

b. Investigation/enquiry stage

c. Appeal stage

d. Sentencing stage

3. Failure to comply with lawful written order under Section 42 may amount to—

a. Valid refusal

b. No consequence

c. Disobedience of lawful authority

d. Automatic acquittal

4. The primary purpose of Section 42 is to—

a. Punish offenders

b. Collect revenue

c. Facilitate investigation of offences

d. Grant licences

5. Section 43 deals with—

a. Arrest procedure

b. Examination of witnesses by Excise and Taxation Officer

c. Grant of licence

d. Search without warrant

6. Who is empowered to examine persons under Section 43?

a. Any police officer

b. Magistrate only

c. Excise and Taxation Officer holding enquiry

d. Village officer

7. The examination of a person under Section 43 is conducted—

a. In writing only

b. Orally

c. Through affidavit only

d. By oath before court only

8. A person examined under Section 43 must answer—

a. Only written questions

b. All questions without exception

c. All relevant questions except self-incriminating ones

d. Only questions approved by Magistrate

9. A witness may refuse to answer if the reply would—

a. Delay proceedings

b. Cause inconvenience

c. Expose him to criminal charge, penalty, or forfeiture

d. Benefit accused

10. Statements made during examination must be—

a. Ignored

b. Recorded orally only

c. Reduced into writing

d. Sent directly to court

11. After recording answers, they must be—

a. Sealed immediately

b. Sent to Government

c. Read over to the person

d. Destroyed

12. Who signs the recorded statement?

a. Witness only

b. Magistrate

c. Excise and Taxation Officer

d. Complainant

13. The power under Section 43 is exercised during—

a. Trial only

b. Appeal only

c. Enquiry under the Act

d. Sentencing stage

14. The main objective of Section 43 is to—

a. Punish witnesses

b. Record evidence for investigation

c. Issue licences

d. Impose fines

15. Under Section 44, an accused shall not be forwarded to a Magistrate when

a. He requests bail

b. There is delay in investigation

c. There is insufficient evidence or reasonable ground to justify such forwarding

d. He is a first-time offender

16. The power under Section 44 is exercised by

a. Any police officer

b. Magistrate

c. Officer holding the enquiry under the Act

d. District Magistrate

17. If the accused is in custody and evidence is deficient, the officer shall

a. Continue detention

b. Release him on bond

c. Send him to District Magistrate

d. Close the case permanently

18. The bond for release under Section 44 may be

a. Only with sureties

b. Only without sureties

c. With or without sureties as directed by the officer

d. Mandatory personal bond only

19. The bond executed under Section 44 requires the accused

a. To appear daily before police

b. To appear if and when required before a Magistrate having jurisdiction

c. To remain within district

d. To surrender passport

20. The Magistrate before whom appearance is required must be

a. Any Executive Magistrate

b. The nearest Magistrate

c. A Magistrate having jurisdiction to try the case

d. District Magistrate only

21. Section 45 deals with—

a. Grant of licences

b. Procedure when evidence is sufficient to send case to Magistrate

c. Cancellation of permits

d. Duty on liquor

22. When sufficient evidence is found during enquiry, the officer shall—

a. Close the case

b. Forward accused to Judicial Magistrate

c. Release accused without condition

d. Send case to police only

23. If the offence is bailable and accused furnishes security, the officer shall—

a. Detain him compulsorily

b. Release him without bond

c. Take security for appearance before Magistrate

d. Send him to jail directly

24. The report forwarded to the Magistrate must include—

a. Only name of accused

b. Names of parties and witnesses

c. Only offence section

d. Only officer’s opinion

25. The Magistrate receiving such report shall—

a. Reject automatically

b. Take cognizance of offence

c. Return it to officer

d. Transfer to police station

26. The accused is entitled to a copy of the report—

a. Free of cost anytime

b. At his own cost before trial begins

c. Only after conviction

d. Only with Government approval

27. Section 45 does not prevent Magistrate from taking cognizance—

a. Only through Government order

b. Only through police report

c. Otherwise than on such report under CrPC provisions

d. Only through complainant’s affidavit

28. A Judicial Magistrate shall not take cognizance of an offence under this Act on complaints made by—

a. Police officers

b. Government officers

c. Private individuals

d. Excise officers

29. When forwarding accused or taking security, officer must also send—

a. Salary records

b. Seized articles necessary for production

c. Only FIR copy

d. Personal diary

30. Persons acquainted with the case may be required to execute bond to—

a. Pay fine

b. Appear before Magistrate and give evidence

c. Withdraw complaint

d. Leave district

31. If bond mentions Court of Chief Judicial Magistrate, it includes—

a. Only that court exclusively

b. Any court to which case is referred for trial

c. Supreme Court only

d. Revenue court only

32. Section 46 deals with—

a. Grant of licence conditions

b. Production of seized articles before Magistrate

c. Arrest without warrant

d. Fixation of duty rates

33. All seized liquor or contraband articles must be produced before—

a. Commissioner

b. Police Station Officer

c. Nearest Magistrate

d. Excise Commissioner General

34. Such seized articles must be produced—

a. Within 7 days

b. Without any delay

c. Within one month

d. After investigation only

35. The Magistrate shall—

a. Destroy articles immediately

b. Seal articles and prepare inventory

c. Return them to accused

d. Send them to police

36. If producing articles before Magistrate causes unreasonable inconvenience, delay, or expense—

a. Articles must be released

b. Officer may keep them unsealed

c. Officer shall seal them on the spot

d. Case must be dropped

37. On-spot sealing must be done in presence of at least—

a. One witness

b. Two respectable witnesses

c. Three officers

d. Five persons

38. Pending Magistrate’s orders, seized articles remain in custody of—

a. Accused

b. Magistrate

c. Seizing officer

d. Police station clerk

39. The inventory of seized articles is prepared by—

a. Witnesses

b. Magistrate

c. Accused

d. Complainant

40. The purpose of sealing seized articles is mainly to—

a. Increase value

b. Ensure authenticity and prevent tampering

c. Delay trial

d. Transfer ownership

41. Which condition justifies sealing at the spot instead of producing before Magistrate immediately?

a. Officer’s convenience alone

b. Lack of witnesses

c. Unreasonable inconvenience, delay, or expense

d. Accused’s request

42. Section 47 deals with—

a. Seizure of contraband

b. Closing of shop for public peace

c. Grant of licence

d. Arrest procedure

43. Who has the authority to order closure of a liquor or intoxicating drug shop?

a. Magistrate

b. Police Inspector

c. Deputy Commissioner of the District

d. Excise Constable

44. The order for closing a shop must be given—

a. Verbally

b. Through public announcement

c. By notice in writing

d. By telephone message

45. A shop may be closed under this section primarily for—

a. Tax recovery

b. Licence renewal

c. Preservation of public peace

d. Inspection purposes

46. The closure period ordered by the authority—

a. Must always be 24 hours

b. Is fixed by law

c. Is decided by the licensee

d. Is determined as deemed necessary by the authority

47. This power applies to shops selling—

a. Only foreign liquor

b. Only country liquor

c. Liquor or intoxicating drugs

d. Only medicinal alcohol

48. The notice for closure must be served to—

a. Any customer present

b. The shop owner’s relative

c. The licensee

d. The nearest police station

49. The main objective of Section 47 is—

a. Revenue collection

b. Crime punishment

c. Administrative convenience

d. Maintenance of law and order

50. Section 48 deals with—

a. Bail provisions

b. Illegal import, manufacture, sale etc. of liquor or drugs

c. Licence renewal

d. Search warrants

51. Section 48 applies when a person acts—

a. With oral permission

b. Under court order

c. In contravention of the Act, rules, orders, licence or permit

d. With police approval

52. Which of the following acts is punishable under this section?

a. Importing liquor illegally

b. Manufacturing intoxicating drugs unlawfully

c. Selling liquor without licence

d. All of the above

53. Cultivation of which plants without authority is punishable?

a. Tea plant

b. Poppy or hemp plant

c. Wheat plant

d. Cotton plant

54. Constructing or operating an unlicensed distillery is—

a. Allowed if private

b. Allowed with village permission

c. Punishable offence

d. Only a civil wrong

55. Maximum punishment under this section may extend to—

a. 1 year imprisonment only

b. 3 years imprisonment and fine up to ₹10,000

c. 7 years imprisonment

d. Life imprisonment

56. Possession of a working still for manufacturing liquor carries minimum imprisonment of—

a. 1 month

b. 3 months

c. 6 months

d. 1 year

57. Possession of “lahan” attracts minimum fine of—

a. ₹500

b. ₹1,000

c. ₹3,000

d. ₹5,000

58. If a person possesses more than ten bottles of illicit country liquor, punishment includes—

a. Only warning

b. Only fine ₹500

c. Minimum six months imprisonment and fine not less than ₹4,000

d. No punishment

59. Possession of certain foreign liquor not manufactured or imported legally carries minimum imprisonment of—

a. 1 month

b. 3 months

c. 6 months

d. 2 years

60. Section 48-A deals with—

a. Bail provisions

b. Penalty for making denatured spirit drinkable

c. Licence cancellation

d. Search without warrant

61. Section 48-A punishes a person who—

a. Sells soft drinks

b. Renders denatured spirit fit for human consumption

c. Imports machinery

d. Manufactures sugar

62. The section applies to denatured spirit—

a. Manufactured only in India

b. Imported only

c. Whether manufactured in India or not

d. Only government-made

63. Possession of spirit rendered drinkable is punishable if the person—

a. Owns a licence

b. Knows or has reason to believe it was altered

c. Is a trader

d. Is over 18 years old

64. Maximum imprisonment under Section 48-A is—

a. 6 months

b. 1 year

c. 2 years

d. 5 years

65. Minimum imprisonment prescribed is—

a. 3 months

b. 6 months

c. 1 year

d. No minimum

66. Maximum fine under this section may extend to—

a. ₹1,000

b. ₹3,000

c. ₹5,000

d. ₹7,000

67. Minimum fine prescribed is—

a. ₹500

b. ₹1,000

c. ₹2,000

d. ₹3,000

68. Section 48-B deals with—

a. Bail provisions

b. Possession of unused/printed labels, corks, etc.

c. Search warrants

d. Excise licences

69. Section 48-B penalizes possession of printed labels, corks, capsules, seals or their imitation when—

a. Properly licensed

b. Approved by court

c. In contravention of Section 12-A

d. Used for decoration

70. The offence relates to possession of—

a. Bottles only

b. Labels and related sealing materials

c. Vehicles

d. Warehouses

71. Maximum imprisonment under Section 48-B is—

a. 3 months

b. 6 months

c. 1 year

d. 2 years

72. Minimum imprisonment prescribed is—

a. No minimum

b. 1 month

c. 3 months

d. 6 months

73. Maximum fine may extend to—

a. ₹500

b. ₹1,000

c. ₹2,000

d. ₹3,000

74. Minimum fine prescribed is—

a. ₹500

b. ₹1,000

c. ₹1,500

d. ₹2,000

75. Section 49 deals with—

a. Bail provisions

b. Misconduct by licensee

c. Arrest without warrant

d. Confiscation of property

76. Section 49 applies to—

a. Any citizen

b. Only police officers

c. Holder of a licence or permit under the Act

d. Magistrates only

77. Failure to produce licence or permit on demand constitutes—

a. No offence

b. Civil liability only

c. Offence under Section 49

d. Excusable omission

78. Breach of licence conditions not otherwise provided for is punishable under—

a. Section 48

b. Section 49

c. Section 50

d. Section 47

79. Allowing persons of notoriously bad character to remain on licensed premises is—

a. Permitted

b. Punishable misconduct

c. Civil dispute

d. Non-cognizable act

80. Import/export/transport/possession/manufacture of liquor without approved labels by licensee is—

a. Allowed if quantity is small

b. Allowed if reported later

c. Offence under Section 49

d. Not punishable

81. Maximum imprisonment prescribed under Section 49 is—

a. 3 months

b. 6 months

c. 1 year

d. 2 years

82. Minimum imprisonment prescribed is—

a. None

b. 1 month

c. 2 months

d. 3 months

83. Maximum fine may extend to—

a. ₹5,000

b. ₹7,000

c. ₹10,000

d. ₹15,000

84. Minimum fine prescribed is—

a. ₹1,000

b. ₹2,000

c. ₹3,000

d. ₹5,000

85. Section 50 deals with—

a. Bail procedure

b. Possession of illicit liquor

c. Licensing authority powers

d. Confiscation of vehicles

86. Section 50(1) applies when a person is found in possession of liquor—

a. Purchased legally

b. Without lawful authority

c. Stored for personal use only

d. Bought from licensed vendor

87. Possession of liquor without payment of prescribed duty is—

a. Not punishable

b. Civil offence only

c. Punishable offence

d. Compoundable offence automatically

88. Maximum imprisonment under Section 50(1) is—

a. 3 years

b. 5 years

c. 7 years

d. 10 years

89. Minimum imprisonment prescribed under Section 50(1) is—

a. 6 months

b. 1 year

c. 2 years

d. 3 years

90. Maximum fine may extend up to—

a. Twice the duty

b. Five times the duty

c. Ten times the duty

d. Fixed ₹10,000

91. Minimum fine shall not be less than—

a. Twice the duty

b. Three times the duty

c. Five times the duty

d. Ten times the duty

92. The offence under Section 50 requires possession of liquor that is—

a. Homemade only

b. Imported legally

c. Illicitly imported/transported/manufactured

d. Purchased from duty-free shop

93. Section 50(2) creates a legal presumption regarding—

a. Ownership of liquor

b. Knowledge of illicit manufacture

c. Intention to sell

d. Quantity possessed

94. The presumption under Section 50(2) arises when a person possesses—

a. Any sealed bottle

b. Liquor purchased abroad

c. Unlawfully manufactured liquor in restricted areas

d. Liquor with receipt

95. The presumption applies in areas where licensees may sell liquor—

a. Freely in any container

b. Only for export

c. Only in standard sealed bottles for off-premises consumption

d. Only to license holders

96. Section 50-A deals with—

a. Illegal manufacture of liquor

b. Drinking in prohibited places

c. Possession of illicit liquor

d. Transport of liquor

97. Section 50-A applies to a person who is found—

a. Selling liquor illegally

b. Drinking or attempting to drink liquor in prohibited places

c. Transporting liquor

d. Manufacturing liquor

98. Drinking in which of the following places attracts penalty under Section 50-A?

a. Licensed bar premises

b. Private residence

c. Public place

d. Distillery

99. Drinking in a place of worship is—

a. Permissible with permission

b. Permissible during festivals

c. Punishable offence

d. Compoundable offence only

100. Section 50-A also applies to drinking in a place used for—

a. Residence only

b. Agriculture only

c. Business transactions (not licensed)

d. Storage of goods only

101. Maximum imprisonment under Section 50-A is—

a. 3 months

b. 6 months

c. 1 year

d. 2 years

102. Maximum fine under Section 50-A may extend to—

a. ₹500

b. ₹1,000

c. ₹2,000

d. ₹3,000

103. Minimum fine prescribed under Section 50-A is—

a. ₹200

b. ₹500

c. ₹1,000

d. ₹2,000

104. A person attempting to drink liquor in a public place—

a. Is not punishable unless he drinks

b. Is punishable under Section 50-A

c. Is only warned

d. Is fined only if intoxicated

105. Section 50-A allows punishment in the form of—

a. Imprisonment only

b. Fine only

c. Both imprisonment and fine

d. Community service only

106. Section 50-B deals with—

a. Illegal transport of liquor

b. Duties on liquor

c. Penalty for licensed vendor misconduct

d. Manufacture of intoxicants

107. Selling liquor to a person apparently under 21 years of age is—

a. Allowed with consent

b. Allowed with guardian

c. Punishable offence

d. Only a warning offence

108. A licensed vendor commits an offence if he sells intoxicants to a person who is—

a. Poor

b. Unknown

c. Drunk or intoxicated

d. From another district

109. Employment of which person on licensed premises is prohibited?

a. Woman

b. Man above 30 years

c. Married person

d. Literate person

110. Employment of a male under which age is prohibited on licensed premises?

a. 16 years

b. 18 years

c. 21 years

d. 25 years

111. Permitting which conduct on licensed premises is punishable?

a. Singing

b. Dancing

c. Disorderly conduct or gaming

d. Sleeping

112. A vendor commits an offence if he allows a person convicted of which type of offence to frequent his premises?

a. Bailable offence

b. Civil offence

c. Non-bailable offence under the Act

d. Traffic offence

113. Minimum fine under Section 50-B is—

a. ₹500

b. ₹1,000

c. ₹1,500

d. ₹2,000

114. Maximum fine under Section 50-B may extend to—

a. ₹1,000

b. ₹1,500

c. ₹2,000

d. ₹5,000

115. If a person is found drunk on licensed premises, the burden to prove preventive steps lies on—

a. Police

b. Magistrate

c. Licensed vendor or his employee

d. Complainant

116. Section 50-B penalties apply to—

a. Only vendor

b. Only employee

c. Vendor and persons acting on his behalf

d. Customers only

117. Section 50-C deals with—

a. Sale of liquor

b. Destruction of unfit liquor or beer

c. Licensing procedure

d. Arrest powers

118. Who has the authority to order destruction of unfit liquor or beer?

a. Magistrate

b. Police Officer

c. Commissioner

d. Inspector

119. Liquor or beer may be declared unfit for human consumption due to—

a. Color

b. Sedimentation or any other reason

c. Bottle size

d. Brand label

120. Destruction of such stocks shall be carried out—

a. Immediately without rules

b. By public auction

c. In prescribed manner and conditions

d. By vendor himself only

121. Section 50-C applies to which of the following?

a. Only liquor

b. Only beer

c. Both liquor and beer

d. Only intoxicating drugs

122. The purpose of Section 50-C is primarily to—

a. Increase revenue

b. Protect public health

c. Promote exports

d. Regulate transport

123. Section 51 deals with—

a. Illegal possession of liquor

b. Vexatious search or arrest by officers

c. Licensing of vendors

d. Grant of permits

124. Section 51 applies to which persons?

a. Only Police Officers

b. Only Magistrates

c. Excise and Taxation Officer or any other person

d. Only Licensees

125. Entering or searching any closed place without reasonable suspicion amounts to—

a. Lawful inspection

b. Vexatious action

c. Preventive measure

d. Administrative inquiry

126. Unnecessary seizure of property on the pretext of confiscation is—

a. Permitted

b. Punishable offence

c. Civil wrong only

d. Compoundable without penalty

127. Vexatious detention, search or arrest of a person under this section is—

a. Valid if officer believes so

b. Not punishable

c. Punishable

d. Allowed during night only

128. Exceeding lawful powers vexatiously by an officer leads to punishment under—

a. Section 48

b. Section 50

c. Section 51

d. Section 45

129. Punishment under Section 51 may extend to imprisonment of—

a. 3 months

b. 6 months

c. 1 year

d. 2 years

130. Maximum fine under Section 51 is—

a. ₹200

b. ₹500

c. ₹1000

d. ₹5000

131. Trial for offence under Section 51 is conducted by—

a. Executive Magistrate

b. Judicial Magistrate First Class

c. Sessions Court

d. Commissioner

132. Section 52 deals with—

a. Illegal manufacture of liquor

b. Vexatious delay by officers

c. Grant of licence

d. Appeal procedure

133. Section 52 applies to—

a. Only Police officers

b. Only Magistrates

c. Any officer or person exercising powers under the Act

d. Only license holders

134. The offence under Section 52 occurs when an officer unnecessarily delays forwarding—

a. Licence application

b. Accused person or seized articles

c. Revenue record

d. Excise permit

135. The arrested person or seized articles must be forwarded to—

a. Commissioner

b. Deputy Commissioner

c. Sessions Judge

d. Superintendent of Police

136. Trial for offence under Section 52 is conducted by—

a. Executive Magistrate

b. Judicial Magistrate First Class

c. High Court

d. Excise Commissioner

137. Maximum punishment prescribed under Section 52 is—

a. ₹50 fine

b. ₹100 fine

c. ₹500 fine

d. 3 months imprisonment

138. Section 53 deals with—

a. Illegal sale of liquor

b. Abetment of escape and acts defeating Excise law

c. Grant of permit

d. Search without warrant

139. Section 53 applies to—

a. Only Excise Officers

b. Only Police Officers

c. Any officer or person

d. Only licensees

140. An offence under Section 53 includes unlawfully—

a. Granting licence

b. Releasing or abetting escape of arrested person

c. Collecting tax

d. Seizing property

Download Jammu And Kashmir Excise Act, Samvat 1958 Set -4 PDF