Jammu And Kashmir Excise Act, Samvat 1958 Set -5

Download Jammu And Kashmir Excise Act, Samvat 1958 Set -5 PDF

1. Receiving liquor connected with an offence becomes punishable when the person—

a. Is a vendor

b. Knows or has reason to believe offence committed

c. Is a transporter

d. Is a witness

2. Acting to enable evasion of provisions of the Act amounts to—

a. Civil liability only

b. Administrative misconduct only

c. Offence under Section 53

d. No offence

3. The trial for offence under Section 53 is conducted by—

a. Executive Magistrate

b. Judicial Magistrate First Class

c. Sessions Court

d. High Court

4. Maximum imprisonment prescribed under Section 53 is—

a. Six months

b. One year

c. Two years

d. Three years

5. Maximum fine prescribed under Section 53 is—

a. ₹500

b. ₹1,000

c. ₹5,000

d. ₹10,000

6. Section 54 deals with—

a. Illegal transport of liquor

b. Violence by Excise and Taxation Officer

c. Bail provisions

d. Licensing procedure

7. Section 54 applies specifically to—

a. Any public servant

b. Police officer

c. Excise and Taxation Officer

d. Magistrate

8. The offence under Section 54 is committed when the officer—

a. Fails to record statement

b. Uses unwarrantable violence on person in custody

c. Seizes liquor

d. Conducts search without warrant

9. Trial of offence under Section 54 is conducted by—

a. Executive Magistrate

b. Judicial Magistrate First Class

c. Sessions Judge

d. Commissioner

10. Maximum imprisonment under Section 54 is—

a. 15 days

b. One month

c. Three months

d. Six months

11. Maximum fine prescribed under Section 54 is—

a. ₹50

b. ₹100

c. ₹500

d. ₹1,000

12. Punishment under Section 54 may include—

a. Only fine

b. Only imprisonment

c. Both fine and imprisonment

d. Dismissal from service only

13. Section 55 deals with—

a. Illegal manufacture of liquor

b. Screening offender or giving false information

c. Grant of licence

d. Arrest without warrant

14. An offence under Section 55 occurs when a person—

a. Refuses to pay duty

b. Causes disappearance of evidence of offence

c. Applies for licence late

d. Consumes liquor publicly

15. Giving false information becomes punishable when the person—

a. Is intoxicated

b. Knows or believes information to be false

c. Is not a licensee

d. Is a witness only

16. The intention required under Section 55 is—

a. Personal benefit

b. Screening offender from legal punishment

c. Avoiding tax

d. Self-defence

17. Imprisonment under Section 55 may extend up to—

a. Half of maximum punishment of original offence

b. Same punishment as original offence

c. One-fourth of longest imprisonment of original offence

d. Fixed one year

18. Fine under Section 55—

a. Cannot exceed ₹500

b. Cannot exceed ₹1000

c. May extend to full amount for original offence

d. Is fixed ₹200

19. Punishment under Section 55 may include—

a. Only imprisonment

b. Only fine

c. Both imprisonment and fine

d. Confiscation only

20. Section 56 deals with—

a. Specific offences of liquor manufacture

b. Residual offences and enhanced punishment for repeat offenders

c. Grant of permits

d. Arrest powers

21. Section 56 applies where—

a. Offence is specifically defined elsewhere

b. Act or omission contravenes provisions but no specific punishment provided

c. Only excise duty unpaid

d. Only licence conditions violated

22. The offence under Section 56 must be—

a. Accidental

b. Negligent only

c. Wilful act or intentional omission

d. Civil wrong

23. Trial for offence under Section 56 is conducted by—

a. Executive Magistrate

b. Judicial Magistrate First Class

c. Sessions Court

d. Commissioner

24. Maximum fine under Section 56(1) is—

a. ₹500

b. ₹1,000

c. ₹5,000

d. ₹10,000

25. Sub-section (2) deals with—

a. Bail provisions

b. Confiscation

c. Subsequent conviction

d. Appeal

26. A repeat offender under Section 56 may receive punishment—

a. Same as first offence only

b. Half of prescribed punishment

c. Double the punishment provided

d. Only fine

27. Section 56-A deals with—

a. Preparation of liquor

b. Attempt and abetment of offences under the Act

c. Grant of licence

d. Arrest procedure

28. Section 56-A applies when a person—

a. Successfully commits offence only

b. Attempts or abets an offence under the Act

c. Violates licence condition only

d. Fails to pay duty

29. Punishment for attempt under Section 56-A—

a. Half of prescribed punishment

b. Only fine

c. Same as provided for the offence

d. Warning only

30. Abetment under Section 56-A makes a person—

a. Civilly liable only

b. Equally punishable as main offence

c. Not punishable

d. Liable only for compensation

31. Section 56-A extends to—

a. Only completed offences

b. Only excise officers

c. Any offence punishable under the Act

d. Only minor offences

32. Section 56-B deals with—

a. Bail provisions

b. Security bond for abstaining from certain offences

c. Confiscation of liquor

d. Licensing procedure

33. Section 56-B applies after conviction under—

a. Section 49 only

b. Section 48 or 50

c. Section 55 only

d. Any minor offence

34. The Court may order execution of bond when it considers—

a. Revenue loss occurred

b. Necessary to prevent future offences

c. Licence expired

d. Property seized

35. The bond may be ordered—

a. Only with sureties

b. Only without sureties

c. With or without sureties

d. Only by police officer

36. Maximum period for which such bond can be required is—

a. One year

b. Two years

c. Three years

d. Five years

37. The bond shall be in the form contained in—

a. Indian Penal Code

b. Evidence Act

c. Schedule II of Criminal Procedure Code, 1973

d. Civil Procedure Code

38. If conviction is set aside on appeal or revision—

a. Bond remains valid

b. Bond amount doubled

c. Bond becomes void

d. Surety forfeited

39. An order under Section 56-B may also be passed by—

a. Police Officer

b. Excise Commissioner

c. Appellate Court or High Court in revision

d. District Collector only

40. Section 57 deals with—

a. Arrest procedure

b. Presumption regarding commission of offence

c. Grant of licence

d. Bail provisions

41. Section 57 applies in prosecutions under—

a. Section 50 only

b. Section 48

c. Section 55

d. Section 56

42. The Court shall presume offence when the accused is unable to satisfactorily account for possession of—

a. Only liquor

b. Only apparatus

c. Liquor, intoxicating drug, or manufacturing materials

d. Licence documents

43. Presumption under Section 57 operates—

a. Absolutely

b. Until contrary is proved

c. Only in police enquiry

d. Only in civil cases

44. A licence holder is liable for offences committed by his employee—

a. Never

b. Only if present at spot

c. As if he himself committed the offence

d. Only civilly liable

45. Licence holder can escape liability if he proves—

a. Employee is minor

b. Lack of knowledge

c. Due and reasonable precautions taken

d. Police mistake

46. Under the proviso, persons other than actual offender—

a. Must be imprisoned

b. Cannot be fined

c. Shall not be punished with imprisonment except in default of fine

d. Are always acquitted

47. Section 58 deals with—

a. Penalties for licence breach

b. Confiscation of property connected with offence

c. Bail procedure

d. Arrest powers

48. Confiscation under Section 58 arises when—

a. Licence expires

b. An offence under the Act is committed

c. Duty unpaid only

d. Search conducted

49. The following are liable to confiscation—

a. Only liquor

b. Only intoxicating drugs

c. Liquor, drugs, materials and manufacturing apparatus

d. Only vehicles

50. Lawfully handled liquor found along with illicit liquor—

a. Is always released

b. Is also liable to confiscation

c. Only fined

d. Seized temporarily only

51. Receptacles and packages containing offending articles—

a. Not confiscated

b. Confiscated only if empty

c. Liable to confiscation

d. Returned to owner automatically

52. Animals, carts, boats or conveyances used in carrying such articles—

a. Are exempt

b. Are liable to confiscation

c. Only detained

d. Only fined

53. Other contents of the packages containing offending articles—

a. Must be released

b. Are also liable to confiscation

c. Destroyed automatically

d. Returned after trial

54. Section 59 deals with—

a. Seizure procedure

b. Manner of ordering confiscation

c. Bail procedure

d. Appeal against conviction

55. Confiscation under the Act may be ordered by—

a. Police Officer only

b. Deputy Commissioner or Magistrate

c. Licensee

d. Excise Inspector only

56. Instead of confiscation, the authority may allow the owner to—

a. Destroy property

b. Pay a fine in lieu of confiscation

c. Transfer licence

d. File civil suit

57. When offender is unknown or not found, confiscation inquiry is conducted by—

a. Sessions Judge

b. Commissioner or authorised officer

c. Police Station Officer

d. Village headman

58. Confiscation can be ordered when seized property—

a. Is perishable

b. Cannot be satisfactorily accounted for

c. Is old

d. Is unlicensed only

59. No confiscation order shall be made before—

a. 7 days

b. 15 days

c. One month from date of seizure

d. Trial completion

60. Before ordering confiscation, authority must—

a. Obtain police approval

b. Hear persons claiming rights and consider evidence

c. Inform Government only

d. Publish in newspaper

61. Section 60 deals with—

a. Confiscation procedure

b. Compounding of offences

c. Arrest without warrant

d. Grant of licence

62. The authority empowered to compound offences under Section 60 is—

a. Commissioner

b. Deputy Commissioner

c. Magistrate only

d. Police Officer

63. Compounding may apply to persons whose licence is liable to be cancelled under—

a. Section 48

b. Section 22

c. Section 55

d. Section 57

64. Compounding may be allowed for offences under—

a. Section 48 only

b. Section 49, 50-A and 56

c. Section 57 only

d. Section 58 only

65. Amount for composition generally shall be—

a. Up to ₹5,000

b. ₹1,000 to ₹10,000

c. ₹5,000 to ₹15,000

d. Fixed ₹2,000

66. For offence under Section 11-A, composition amount—

a. Up to ₹10,000 only

b. ₹5,000 to ₹15,000

c. ₹1,000 to ₹5,000

d. Fixed ₹15,000

67. For offence under clause (f) of Section 49, composition amount—

a. ₹1,000 to ₹5,000

b. ₹5,000 to ₹15,000

c. ₹10,000 to ₹15,000

d. Only ₹15,000

68. Seized property may be released upon—

a. Court order only

b. Payment of estimated value

c. Filing appeal

d. Police recommendation

69. After compounding and payment—

a. Trial continues

b. Accused discharged and proceedings stopped

c. Only fine reduced

d. Property confiscated

70. Section 61 of the Act primarily provides for

a. Trial of offences by Special Courts

b. Application of Criminal Procedure Code and certain provisions of the Indian Penal Code to offences under the Act

c. Compounding of offences

d. Cognizance of offences by Magistrate

71. The provisions of the Criminal Procedure Code applicable under Section 61 relate mainly to

a. Investigation

b. Bail

c. Execution of processes

d. Recording of evidence

72. Which provisions of the Indian Penal Code are expressly made applicable to offences under the Act?

a. Sections 34, 120B and 149

b. Sections 96 to 106

c. Sections 54, 55 and 56

d. Sections 299 and 300

73. The IPC provisions applied under Section 61 extend to

a. Only offences committed under the Act

b. Only persons convicted under the Act

c. Both offences committed and persons punished under the Act

d. Only government servants acting under the Act

74. Section 61(2) begins with a non-obstante clause. Its legal effect is that

a. CrPC becomes inapplicable entirely

b. Provisions of the Act override CrPC in respect of execution of processes

c. Only IPC overrides CrPC

d. Magistrate loses jurisdiction

75. Notwithstanding the Criminal Procedure Code, summons and warrants issued under the Act may be executed by

a. Any police officer

b. Any public servant

c. Excise and Taxation Officer

d. Revenue Officer

76. A warrant directed to an Excise and Taxation Officer may also be executed by

a. Any Magistrate

b. Any police officer of the station

c. Another Excise and Taxation Officer whose name is endorsed on the warrant

d. Village headman authorised by Collector

77. The endorsement of the warrant must be made by

a. The Magistrate issuing the warrant

b. Superintendent of Police

c. The officer to whom the warrant is directed

d. District Collector

78. Sections 54–56 IPC incorporated in Section 61 mainly relate to

a. Common intention

b. Abetment

c. Acts done under authority or mistake of fact

d. Private defence

79. The legislative purpose of Section 61 is best described as

a. Creating new offences

b. Providing procedural machinery and legal protection for enforcement of the Act

c. Regulating manufacture of liquor

d. Determining punishment scale

80. Section 62 of the Act deals with

a. Cognizance of offences

b. Publication and legal effect of rules and notifications

c. Appeals and revisions

d. Compounding of offences

81. Rules and notifications issued under the Act acquire legal force only after

a. Approval by the High Court

b. Approval by the Legislature

c. Publication in the Government Gazette

d. Communication to District Magistrate

82. Upon publication in the Government Gazette, rules and notifications shall

a. Become administrative instructions only

b. Be read as evidence only

c. Have the force of law and be read as part of the Act

d. Require court approval before enforcement

83. The effect of publication under Section 62 is that the rules

a. Override the Act

b. Become subordinate legislation forming part of the Act

c. Become temporary executive directions

d. Apply only to government officers

84. Rules and notifications under Section 62 may be altered

a. Only by amendment of the Act

b. Only by Legislature

c. In like manner as they were issued

d. Only by Court order

85. The phrase “in like manner” in Section 62 implies

a. Judicial review only

b. Same procedure of publication in Gazette

c. Approval of Governor only

d. Legislative resolution

86. After publication, the rules shall be

a. Merely directory

b. Advisory in nature

c. Mandatory and enforceable as law

d. Applicable only after notification to police

87. Section 62 embodies the principle of

a. Delegated legislation

b. Natural justice

c. Res judicata

d. Estoppel

88. The power to vary, suspend or annul rules is exercisable

a. By courts only

b. By Legislature only

c. By the same authority following same publication procedure

d. By District Magistrate

89. Publication in the Gazette under Section 62 primarily ensures

a. Administrative convenience

b. Public notice and enforceability

c. Judicial supervision

d. Legislative debate

90. Section 63 primarily deals with

a. Confiscation of property

b. Exemptions and prohibitory powers of Government

c. Trial procedure

d. Appeals against excise officers

91. The Act does not apply to medicated articles supplied by medical practitioners when

a. Sold under licence only

b. Used for research

c. Supplied for bona fide medicinal purposes

d. Supplied in government hospitals only

92. Persons exempted regarding medicated articles include

a. Only doctors

b. Doctors and police officers

c. Medical practitioners, chemists, druggists, apothecaries and dispensary keepers

d. Only pharmacists registered under Pharmacy Act

93. Possession of medicated articles by the public is permitted when

a. Purchased from licensed liquor shop

b. Supplied lawfully by authorised medical persons

c. Prescribed by Magistrate

d. Purchased outside the State

94. The Government may prohibit by notification

a. Only manufacture of liquor

b. Only transport of intoxicants

c. Import, export, transport, manufacture, possession, sale or supply of liquor or intoxicating drug

d. Only sale to minors

95. The Government’s prohibitory power under clause (b) applies

a. Only for non-medicinal use

b. Only during emergency

c. Even for medicinal purposes unless permitted by rules

d. Only in notified districts

96. Under clause (c), the Government may exempt

a. Only persons

b. Only articles

c. Both specified persons or articles or classes thereof

d. Only government institutions

97. An exemption granted under Section 63

a. Is permanent

b. Can be cancelled in like manner

c. Requires court approval

d. Cannot include conditions

98. The Government may authorise the Commissioner to permit

a. Sale of liquor in markets

b. Manufacture of liquor by traders

c. Possession of liquor or opium and hemp drugs by medical practitioners for professional use

d. Free public distribution of medicines

99. Medicines containing liquor or opium may be prepared by medical practitioners

a. Without restriction

b. Only for personal use

c. Subject to restrictions and conditions prescribed by the Commissioner

d. Only with court permission

100. The power exercised by the Commissioner under clause (d) is

a. Original legislative power

b. Judicial power

c. Delegated administrative authority

d. Police power

101. Section 64 primarily provides

a. Appeal against excise orders

b. Civil liability of officers

c. Protection and limitation regarding suits against Government and Excise Officers

d. Criminal prosecution procedure

102. No civil action for damages shall lie for acts

a. Done negligently

b. Done without jurisdiction

c. Bona fide done under the Act

d. Done under oral orders

103. Protection under Section 64 is available to

a. Only Government

b. Only Excise Officers

c. Both Government and Excise & Taxation Officers

d. All public servants

104. A suit against Government or Excise Officer must be filed within

a. Three months

b. Six months

c. One year

d. Limitation Act period

105. Before instituting the suit, a notice must be given

a. Immediately before filing

b. Within 7 days

c. One month prior to institution

d. No notice required

106. The limitation period runs from

a. Date of knowledge

b. Date of order

c. Date of the act complained of

d. Date of injury

107. If sufficient amount is tendered before suit, the Court may

a. Dismiss the suit

b. Grant double damages

c. Refuse costs to plaintiff and award costs to defendant

d. Transfer suit to criminal court

108. The protection under Section 64 applies only when the act is

a. Legal

b. Administrative

c. Bona fide

d. Judicial

109. The bar created under Section 64 relates to

a. Criminal prosecution

b. Departmental proceedings

c. Civil suits for damages

d. Appeals

110. Failure to give statutory notice before filing suit will

a. Only delay trial

b. Not affect maintainability

c. Render the suit not maintainable

d. Lead to transfer to another court

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