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NDPS MCQs Set -3
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1. Under the proviso to Section 21(c), the court may—
a. Reduce imprisonment below ten years
b. Substitute imprisonment with fine
c. Waive imprisonment
d. Impose a fine exceeding two lakh rupees for recorded reasons
2. Section 22 prescribes punishment for contravention in relation to—
a. Prepared opium
b. Psychotropic substances
c. Cannabis
d. Poppy straw
3. Contravention under Section 22 must be of—
a. Rules only
b. Orders only
c. The Act only
d. The Act, rules, orders, or conditions of licence
4. Which of the following acts is punishable under Section 22?
a. Possession of cannabis plant
b. Gathering coca leaves
c. Manufacture of psychotropic substances
d. Cultivation of opium poppy
5. For small quantity, the maximum punishment under Section 22 is—
a. Rigorous imprisonment up to five years
b. Rigorous imprisonment up to three years
c. Rigorous imprisonment up to one year or fine up to ten thousand rupees or both
d. Rigorous imprisonment up to six months
6. For quantity lesser than commercial but greater than small quantity, the punishment is—
a. Rigorous imprisonment up to fifteen years
b. Rigorous imprisonment up to five years
c. Fine only
d. Rigorous imprisonment up to ten years and fine up to one lakh rupees
7. For commercial quantity, the minimum term of rigorous imprisonment under Section 22 is—
a. Seven years
b. Twelve years
c. Ten years
d. Fifteen years
8. For commercial quantity, the maximum term of rigorous imprisonment under Section 22 is—
a. Life imprisonment
b. Fifteen years
c. Eighteen years
d. Twenty years
9. The minimum fine for commercial quantity under Section 22 is—
a. Two lakh rupees
b. Fifty thousand rupees
c. One lakh rupees
d. No minimum
10. Under the proviso to Section 22(c), the court may—
a. Reduce imprisonment below ten years
b. Substitute imprisonment with fine
c. Waive imprisonment
d. Impose a fine exceeding two lakh rupees for recorded reasons
11. Section 23 prescribes punishment for—
a. Possession of prepared opium
b. Manufacture of coca leaves
c. Illegal import into India, export from India, or transhipment of narcotic drugs and psychotropic substances
d. Contravention in relation to cannabis cultivation
12. Contravention under Section 23 must be of—
a. Rules only
b. Orders only
c. The Act only
d. The Act, rules, orders, conditions of licence/permit, or certificate/authorisation
13. For small quantity, the punishment under Section 23 is—
a. Rigorous imprisonment up to three years
b. Fine only
c. Rigorous imprisonment up to one year or fine up to ten thousand rupees or both
d. Rigorous imprisonment up to six months
14. For quantity lesser than commercial but greater than small quantity, the punishment is—
a. Rigorous imprisonment up to five years
b. Rigorous imprisonment up to ten years and fine up to one lakh rupees
c. Rigorous imprisonment up to fifteen years
d. Fine only
15. For commercial quantity, the minimum term of rigorous imprisonment under Section 23 is—
a. Twelve years
b. Seven years
c. Ten years
d. Fifteen years
16. For commercial quantity, the maximum term of rigorous imprisonment under Section 23 is—
a. Life imprisonment
b. Fifteen years
c. Eighteen years
d. Twenty years
17. The minimum fine for commercial quantity under Section 23 is—
a. Two lakh rupees
b. Fifty thousand rupees
c. One lakh rupees
d. No minimum
18. Under the proviso to Section 23(c), the court may—
a. Reduce imprisonment below ten years
b. Substitute imprisonment with fine
c. Waive imprisonment
d. Impose a fine exceeding two lakh rupees for recorded reasons
19. Section 23 punishment scheme is—
a. Uniform for all contraventions
b. Applicable only to cultivation
c. Based on type of license only
d. Quantity-based with small, lesser than commercial, and commercial quantities
20. Section 24 prescribes punishment for—
a. Possession of manufactured drugs
b. External dealings in narcotic drugs and psychotropic substances in contravention of Section 12
c. Cultivation of cannabis
d. Illegal import into India
21. Contravention under Section 24 involves—
a. Export from India only
b. Import into India only
c. Possession of narcotic drugs in India
d. Engaging in or controlling trade outside India without Central Government authorisation
22. Minimum term of rigorous imprisonment under Section 24 is—
a. Seven years
b. Five years
c. Ten years
d. Twelve years
23. Maximum term of rigorous imprisonment under Section 24 is—
a. Life imprisonment
b. Fifteen years
c. Eighteen years
d. Twenty years
24. Minimum fine under Section 24 is—
a. Two lakh rupees
b. Fifty thousand rupees
c. One lakh rupees
d. No minimum
25. Maximum fine under Section 24 is—
a. One lakh rupees
b. Three lakh rupees
c. Two lakh rupees
d. Unlimited
26. Under the proviso to Section 24, the court may—
a. Reduce imprisonment below ten years
b. Substitute imprisonment with fine
c. Waive imprisonment
d. Impose a fine exceeding two lakh rupees for recorded reasons
27. Section 25 prescribes punishment for—
a. Cultivation of cannabis
b. Possession of narcotic drugs
c. Allowing premises or property to be used for commission of an offence under the Act
d. Illegal import/export of narcotic drugs
28. Section 25 applies to—
a. Only warehouses
b. Any house, room, enclosure, space, place, animal, or conveyance
c. Only vehicles
d. Only houses
29. Who can be punished under Section 25?
a. Only the offender
b. Only government officials
c. The owner, occupier, or any person having control or use of the property who knowingly permits the offence
d. Only the owner of the premises
30. The punishment under Section 25 is—
a. Imprisonment only
b. Double the punishment of the offence
c. Fine only
d. The same punishment provided for the offence committed using the premises
31. Section 25 covers the use of premises for—
a. Only cultivation offences
b. Only commercial trafficking
c. Any offence punishable under the NDPS Act
d. Any minor offence
32. Section 25 punishes—
a. Ignorance of use of property
b. Accidental use of property for offence
c. Only if the offence is committed by a family member
d. Knowingly permitting the property to be used for an offence
33. Section 25A prescribes punishment for—
a. Contravention of orders made under Section 9A
b. Illegal import/export of narcotic drugs
c. Possession of prepared opium
d. Cultivation of cannabis
34. Maximum term of rigorous imprisonment under Section 25A is—
a. Seven years
b. Five years
c. Ten years
d. Fifteen years
35. Maximum fine under Section 25A is—
a. Two lakh rupees
b. One lakh rupees
c. Fifty thousand rupees
d. No maximum
36. Under the proviso to Section 25A, the court may—
a. Reduce imprisonment below ten years
b. Waive imprisonment
c. Substitute imprisonment with fine
d. Impose a fine exceeding one lakh rupees for recorded reasons
37. Section 25A is linked with which section?
a. Section 8
b. Section 12
c. Section 9A
d. Section 24
38. The punishment under Section 25A includes—
a. Imprisonment only
b. Rigorous imprisonment up to ten years and fine up to one lakh rupees
c. Fine only
d. Community service
39. Section 25A applies to—
a. Only cannabis-related offences
b. Contraventions of cultivation rules only
c. Only trafficking offences
d. Contraventions of Central Government orders under Section 9A regarding controlled substances
40. Section 25A allows courts to—
a. Impose imprisonment below ten years for small contraventions
b. Cancel licences of offenders
c. Impose double the imprisonment for repeat offenders
d. Impose a fine exceeding the statutory maximum for reasons recorded in judgment
41. Section 26 prescribes punishment for—
a. Cultivation of cannabis without a licence
b. Certain acts by a licensee or his servants in relation to maintaining accounts, returns, or licence conditions
c. Import/export of narcotic drugs without authorisation
d. Contravention of Section 9A orders
42. Under Section 26, which of the following acts attracts punishment?
a. Maintaining false accounts or statements
b. Omission to maintain accounts or submit returns without reasonable cause
c. Failure to produce licence, permit, or authorisation on demand without reasonable cause
d. Wilfully breaching licence conditions for which no other penalty is prescribed E. All of the above
43. Maximum imprisonment under Section 26 is—
a. One year
b. Five years
c. Three years
d. Two years
44. Punishment under Section 26 may include—
a. Fine only
b. Community service
c. Imprisonment or fine or both
d. Imprisonment only
45. Section 26 applies to—
a. Only the licensee’s servants
b. Only government officers
c. Only the licensee
d. The licensee and any person employed by him acting on his behalf
46. Section 27 prescribes punishment for—
a. Cultivation of cannabis
b. Trafficking narcotic drugs
c. Consumption of any narcotic drug or psychotropic substance
d. Contravention of licence conditions
47. Maximum imprisonment for consuming cocaine, morphine, diacetylmorphine, or other notified narcotic/psychotropic substances is—
a. Two years
b. Five years
c. One year
d. Six months
48. Maximum fine for consuming cocaine, morphine, diacetylmorphine, or other notified narcotic/psychotropic substances is—
a. Rs. 50,000
b. Rs. 10,000
c. Rs. 1,00,000
d. Rs. 20,000
49. For consumption of narcotic drugs or psychotropic substances other than those notified under clause (a), the maximum punishment is—
a. Imprisonment for three years or fine up to Rs. 50,000
b. Rigorous imprisonment for one year or fine up to Rs. 20,000
c. No punishment
d. Imprisonment for six months or fine up to Rs. 10,000
50. Section 27 punishment may include—
a. Fine only
b. Community service
c. Imprisonment only
d. Imprisonment or fine or both
51. The Central Government can notify additional narcotic drugs or psychotropic substances under Section 27(a) by—
a. Press release
b. Official Gazette notification
c. Circular to police authorities
d. State Government notification
52. Section 27A prescribes punishment for—
a. Consumption of narcotic drugs
b. Contravention of licence conditions
c. Financing illicit traffic and harbouring offenders
d. Cultivation of cannabis
53. The minimum term of rigorous imprisonment under Section 27A is—
a. Seven years
b. Fifteen years
c. Five years
d. Ten years
54. The maximum term of rigorous imprisonment under Section 27A is—
a. Life imprisonment
b. Ten years
c. Fifteen years
d. Twenty years
55. Minimum fine prescribed under Section 27A is—
a. Fifty thousand rupees
b. Two lakh rupees
c. One lakh rupees
d. Five lakh rupees
56. Maximum fine prescribed under Section 27A is—
a. One lakh rupees
b. Three lakh rupees
c. No maximum
d. Two lakh rupees
57. Under the proviso to Section 27A, the court may—
a. Reduce imprisonment below ten years
b. Waive imprisonment entirely
c. Substitute imprisonment with community service
d. Impose a fine exceeding two lakh rupees for reasons recorded in judgment
58. Section 27A punishment applies to—
a. Only cultivators of cannabis
b. Any person consuming narcotic drugs
c. Only traffickers outside India
d. Any person financing illicit traffic or harbouring offenders under Section 2(viiib)
59. Section 27A covers financing—
a. Only consumption offences
b. Only import/export violations
c. Activities specified in sub-clauses (i) to (v) of clause (viiib) of Section 2
d. Only cultivation of opium
60. Punishment under Section 27A includes—
a. Imprisonment only
b. Community service
c. Rigorous imprisonment and fine
d. Fine only
61. Section 27B prescribes punishment for—
a. Cultivation of cannabis
b. Consumption of narcotic drugs
c. Contravention of licence conditions
d. Contravention of Section 8A (related to property derived from offences)
62. Minimum imprisonment under Section 27B is—
a. Five years
b. One year
c. Three years
d. Two years
63. Maximum imprisonment under Section 27B is—
a. Five years
b. Ten years
c. Seven years
d. Twenty years
64. Does Section 27B prescribe a fine?
a. No
b. Yes
c. Yes
65. Section 28 prescribes punishment for—
a. External trafficking only
b. Actual consumption of narcotic drugs
c. Contravention of licence conditions
d. Attempting to commit any offence punishable under this Chapter
66. Under Section 28, the punishment for attempt to commit an offence is—
a. Only a fine
b. Less than the punishment for the actual offence
c. Same as the punishment provided for the offence attempted
d. Community service
67. Section 28 applies to attempts to commit offences under—
a. Only trafficking offences abroad
b. Any offence under the relevant Chapter of the Act
c. Only consumption offences
d. Only Sections 15–27B
68. Punishment under Section 28 is triggered when—
a. A person holds a licence without contravention
b. A person merely plans the offence
c. A person is caught in possession after consumption
d. A person does any act towards the commission of the offence
69. Section 29 prescribes punishment for—
a. Only financing of illicit traffic
b. Only actual commission of offences under the Chapter
c. Consumption of narcotic drugs
d. Abetment or criminal conspiracy to commit any offence under the Chapter
70. Under Section 29, a person is punishable—
a. Only if the offence is actually committed
b. Only if the offence is committed abroad
c. Only for external dealings
d. Even if the offence is not committed as a result of abetment or conspiracy
71. Section 29 overrides which provision of the IPC?
a. Section 377 (Unnatural offences)
b. Section 107 (Abetment)
c. Section 120B (Criminal conspiracy)
d. Section 116 (Punishment for abetment of an offence not committed)
72. Section 29 applies to abetment or conspiracy—
a. Only outside India
b. Only within India
c. Only in case of commercial trafficking
d. Both within India and outside India, if the act would be an offence in India or analogous to an offence under this Chapter
73. Punishment under Section 29 is—
a. Only imprisonment up to five years
b. Only fine
c. Independent of the punishment for the main offence
d. Same as the punishment provided for the offence abetted or conspired
74. Section 29 covers offences committed—
a. Only consumption offences
b. Only outside India
c. Both within India and beyond, if conditions analogous to Indian law are met
d. Only in India
75. The essential element for punishment under Section 29 is—
a. Actual import/export of narcotic drugs
b. Possession of small quantity
c. Mere intention without act
d. Participation in abetment or criminal conspiracy
76. Section 29 ensures criminal liability even—
a. Only if the main offence is completed
b. Only for consumption
c. If the main offence is not completed
d. Only for licence violations
77. Section 29 treats abetment or conspiracy to an offence abroad—
a. Only punishable with fine
b. Not punishable
c. Only punishable if committed in commercial quantity
d. Punishable if it would constitute an offence in India or is legally analogous
78. Section 30 deals with punishment for—
a. External trade violations
b. Abetment of offences
c. Actual consumption of narcotic drugs
d. Preparation to commit certain offences or omission indicative of intent
79. Section 30 applies specifically to preparations for offences under—
a. Section 8A only
b. Sections 19, 24, 27A and offences involving commercial quantity
c. Sections 15–18 only
d. Section 12 only
80. Under Section 30, if a person is prevented by circumstances independent of their will—
a. They are punishable with full penalty
b. They are not punishable
c. They are punishable with half the minimum and half the maximum of imprisonment and fine of the actual offence
d. They are only fined
81. The fine under Section 30—
a. Is fixed at 50,000 rupees
b. Cannot exceed the minimum fine of the main offence
c. Is discretionary only for consumption offences
d. Can be up to half of the maximum fine of the main offence, subject to court discretion
82. Section 30 ensures criminal liability when—
a. Only external dealings occur
b. Only abetment occurs
c. Preparatory acts indicate determination to commit an offence but the person is prevented
d. Only the offence is completed
83. Section 30 is based on which principle?
a. Licensing control
b. Consumption offences are exempt
c. Attempted offences attract proportional punishment
d. Only commercial trafficking is punishable
84. Maximum imprisonment under Section 30—
a. Only applies to small quantity offences
b. Fixed at ten years
c. Equal to the maximum term of the main offence
d. Half of the maximum term of imprisonment of the main offence
85. Minimum imprisonment under Section 30—
a. Six months
b. One year mandatory
c. Same as minimum of main offence
d. Half of the minimum term of the main offence
86. Section 30 can apply even if—
a. The person abandons the plan voluntarily
b. No intent existed
c. Only small quantities were involved
d. The offence was prevented by circumstances beyond their control
87. Section 31 of the NDPS Act deals with—
a. Licensing of narcotic drugs
b. Punishment for consumption of narcotic drugs
c. Enhanced punishment for offences after previous conviction
d. Power to regulate controlled substances
88. If a person previously convicted under the NDPS Act commits another offence, the maximum term of imprisonment can be—
a. Fixed at ten years
b. Same as the original offence
c. Double the maximum term of the original offence
d. One and one-half times the maximum term of the original offence
89. Under Section 31, the maximum fine for a subsequent offence—
a. Unlimited
b. Remains the same as the first offence
c. One and one-half times the maximum fine of the previous offence
d. Half of the maximum fine of the previous offence
90. Section 31 also enhances minimum punishment, which becomes—
a. Fixed at three years and 50,000 rupees
b. Double the minimum term and fine
c. The same as the original minimum
d. One and one-half times the original minimum term of imprisonment and fine
91. True or False: Conviction under a corresponding law outside India is considered for enhanced punishment under Section 31.
a. False
b. True
92. The court may—
a. Reduce the enhanced punishment automatically
b. Impose only the enhanced punishment prescribed by Section 31
c. Impose imprisonment only without fine
d. Impose a fine exceeding one and one-half times the maximum fine for reasons to be recorded
93. Section 31A of the NDPS Act primarily deals with—
a. Licensing of narcotic drugs
b. Control over psychotropic substances
c. Death penalty for certain offences after previous conviction
d. Enhanced punishment for first-time offenders
94. Section 31A applies to persons previously convicted of offences punishable under—
a. Sections 8, 9, 10
b. Sections 15, 16, 17
c. Sections 12, 13, 14
d. Sections 19, 24, 27A, and offences involving commercial quantity
95. Under Section 31A, a person subsequently convicted of engaging in production, manufacture, possession, transportation, import/export, or transhipment of certain narcotic drugs or psychotropic substances involving quantities equal to or more than the specified threshold—
a. Shall receive probation
b. Shall be fined up to one lakh rupees only
c. Shall be punished only with imprisonment
d. Shall be punished with punishment under Section 31 or with death
96. Section 31A also covers punishment for—
a. Only cultivation of cannabis
b. Consumption of small quantities of narcotic drugs
c. Financing, directly or indirectly, any of the specified illicit activities
d. Possession of less than small quantity
97. True or False: Conviction by a competent court outside India under corresponding laws is considered under Section 31A for imposing the death penalty.
a. False
b. True
98. The minimum punishment under Section 31A is—
a. Fixed at ten years
b. Same as Section 31
c. One and one-half times the minimum punishment under Section 31
d. Life imprisonment only
99. Section 32 of the NDPS Act deals with—
a. Death penalty for repeat offenders
b. Punishment for offences for which no specific punishment is provided elsewhere in the Act
c. Punishment for financing illicit traffic
d. Punishment for contravention in relation to poppy straw
100. The maximum imprisonment prescribed under Section 32 is—
a. Three years
b. Ten years
c. Six months
d. One year
101. True or False: Section 32 allows for the imposition of fine, imprisonment, or both for offences not otherwise punishable under the Act.
a. False
b. True
102. Section 32 serves primarily to—
a. Enhance punishment for commercial quantity offences
b. Allow leniency for first-time offenders
c. Regulate medical use of narcotic drugs
d. Fill the gaps in the Act where no specific punishment is prescribed
103. Section 32A of the NDPS Act provides that—
a. Only sentences under Section 27A are exempt from remission
b. Commutation of sentence is allowed for repeat offenders
c. All sentences under the Act can be suspended or remitted
d. No sentence awarded under the Act (other than Section 27) shall be suspended, remitted, or commuted
104. Which of the following is an exception under Section 32A for suspension, remission, or commutation of sentence?
a. Section 19 offences
b. Section 31A offences
c. Section 24 offences
d. Section 27 offences
105. Section 32B allows punishment to be enhanced if—
a. The offender shows remorse
b. The offender voluntarily surrenders the narcotic substance
c. The offender commits the offence in isolation with no accomplices
d. The offender is involved in other illegal activities facilitated by the offence
106. Under Section 32B, which factor can lead to a higher punishment?
a. The offender admits guilt immediately
b. The offender uses or threatens to use violence or arms
c. The offence is committed without use of weapons
d. The offender is a first-time offender
107. Section 32B specifies that higher punishment may be imposed if—
a. The offender cooperates with the authorities
b. The offence is of a minor nature
c. The offender holds a public office and abuses it in committing the offence
d. The offender is financially poor
108. Which circumstance listed in Section 32B can justify enhanced punishment when minors are involved?
a. The offender was unaware of the minors’ presence
b. The offence occurs in a private residence
c. The minors are affected by the offence or used for its commission
d. The offender only indirectly causes harm
109. Section 32B allows higher punishment if the offence occurs in—
a. The offender’s private property
b. A remote rural area
c. A government office with no public access
d. An educational institution, social service facility, or its vicinity
110. Belonging to which group can lead to enhanced punishment under Section 32B?
a. A political party
b. Any charity or NGO
c. A local community organization
d. An organized international or criminal group involved in the offence
111. According to Section 32B, a court may enhance punishment if—
a. The offender has a minor role in the offence
b. The offender voluntarily informs the police
c. The offender is involved in other illegal activities facilitated by the commission of the offence
d. The offender is involved in unrelated legal activities
112. Section 33 states that provisions of section 360 of CrPC and the Probation of Offenders Act do not apply to a person convicted under this Act unless—
a. The person is a first-time offender
b. The person voluntarily surrenders to authorities
c. The person has no prior criminal record
d. The person is under 18 years of age or the offence is punishable under section 26 or 27
113. According to Section 33, which category of offenders may be eligible for probation under CrPC or Probation of Offenders Act?
a. Repeat offenders
b. Any adult offender
c. Offenders under 18 years of age or those convicted under sections 26 or 27
d. Offenders involved in organized crime
114. Section 33 excludes the application of probation provisions to—
a. Minors below 16 years
b. Offenders convicted of petty theft
c. Adults convicted of offences not under section 26 or 27
d. Offenders who cooperate with authorities
115. Which law is mentioned in Section 33 alongside the Code of Criminal Procedure regarding probation?
a. Juvenile Justice Act
b. Indian Penal Code
c. Narcotic Drugs and Psychotropic Substances Act
d. Probation of Offenders Act, 1958
116. The exception under Section 33 ensures that—
a. Probation is decided by the police
b. All offenders are automatically granted probation
c. Adults are always given probation
d. Only minors or certain specified offences may be considered for probation
117. Under Section 34, when can a court require a convicted person to execute a bond for abstaining from offences?
a. Whenever a person is convicted under any law
b. Whenever a person is convicted of an offence punishable under Chapter IV
c. Only for first-time offenders
d. Only if the person is under 18 years of age
118. The bond under Section 34 may be for a period of—
a. Not exceeding one year
b. Not exceeding two years
c. Not exceeding three years
d. No time limit
119. The sum for which a bond is executed under Section 34 is—
a. Fixed by the Central Government irrespective of means
b. Proportionate to the means of the convicted person
c. Always ten thousand rupees
d. Decided by the police
120. Section 34 states that the form of the bond shall be—
a. As prescribed by the State Government
b. As prescribed by the Central Government
c. Decided by the convict
d. Decided by the public prosecutor
121. If the conviction is set aside on appeal or otherwise, the bond executed under Section 34—
a. Remains in force
b. Becomes void
c. Is doubled
d. Must be paid to the State
122. Who can also order the execution of a bond under Section 34 apart from the trial court?
a. Only the Supreme Court
b. Only the police
c. Appellate court, High Court, or Sessions Judge exercising revisionary powers
d. Public prosecutor
123. The provisions of the Code of Criminal Procedure, 1973, under Section 34, apply to the bond as if it were—
a. A surety bond for loan repayment
b. A bond to keep the peace under section 106 of CrPC
c. A traffic violation bond
d. A bond for property dispute
124. Section 35 of the Act deals with—
a. Punishment for consumption of drugs
b. Presumption of culpable mental state
c. Powers of the Central Government to regulate narcotics
d. Security for abstaining from offences
125. Under Section 35, in a prosecution requiring a culpable mental state, the court shall—
a. Assume the accused has no mental state unless proven
b. Presume the existence of such mental state
c. Always acquit the accused
d. Refer the case to a magistrate for mental evaluation
126. According to Section 35, it is a defence for the accused to prove—
a. That he acted in self-defence
b. That he had no culpable mental state regarding the act charged
c. That he was coerced by the police
d. That the narcotic substance was medicinal
127. The term “culpable mental state” in Section 35 includes—
a. Only motive
b. Only knowledge of a fact
c. Intention, motive, knowledge of a fact, and belief in or reason to believe a fact
d. Only intention and negligence
128. For the purposes of Section 35, a fact is said to be proved only when—
a. Its existence is established by a preponderance of probability
b. The accused admits it in court
c. The court believes it to exist beyond a reasonable doubt
d. The public prosecutor produces documentary evidence
129. Section 35 places the burden of proof for absence of culpable mental state on—
a. The public prosecutor
b. The accused
c. The police
d. The court
130. Section 36 of the Act deals with—
a. Punishment for contravention of narcotic laws
b. Constitution of Special Court for speedy trials
c. Presumption of culpable mental state
d. Power of State Government to regulate drugs
131. The Government may constitute Special Courts under Section 36—
a. Only in the capital city of the State
b. For providing speedy trial of offences under this Act
c. Only for cases involving cannabis
d. Only for offences committed by minors
132. How many judges does a Special Court consist of according to Section 36?
a. Three Judges
b. Two Judges
c. A single Judge
d. Five Judges
133. The Judge of a Special Court is appointed by—
a. The Central Government alone
b. The State Government with the concurrence of the Chief Justice of the High Court
c. The President of India
d. The High Court alone
134. To be qualified as a Judge of a Special Court, a person must—
a. Be an advocate with 10 years of experience
b. Be immediately before appointment a Sessions Judge or Additional Sessions Judge
c. Be a retired High Court Judge
d. Have served as a magistrate for 5 years
135. Section 36A deals with—
a. Constitution of Special Courts
b. Offences triable by Special Courts
c. Punishment for contravention of narcotic laws
d. Presumption of culpable mental state
136. Under Section 36A, offences punishable with imprisonment for more than three years shall be—
a. Triable by any Magistrate
b. Triable only by the Special Court for the area where the offence was committed
c. Triable by High Court only
d. Triable only by Central Government officials
137. If there is more than one Special Court in an area, the Government may—
a. Forward the case to the Supreme Court
b. Specify which Special Court will try the case
c. Allow trial in any Special Court randomly
d. Refer the case to a Sessions Judge
138. Under Section 36A, a Judicial Magistrate may authorise detention of an accused for—
a. Maximum 30 days
b. Maximum 15 days
c. Maximum 7 days
d. Maximum 60 days
139. Under Section 36A, an Executive Magistrate may authorise detention of an accused for—
a. Maximum 15 days
b. Maximum 7 days
c. Maximum 10 days
d. Maximum 30 days
140. If the Magistrate considers detention unnecessary, he shall—
a. Release the accused unconditionally
b. Forward the accused to the Special Court having jurisdiction
c. Send the accused to a nearby police station
d. Forward the accused to the High Court
141. The Special Court under Section 36A may exercise the same powers as—
a. A Sessions Judge
b. A Magistrate under section 167 of the CrPC
c. A High Court Judge
d. The Central Government
142. A Special Court may take cognizance of an offence—
a. Only after the accused is committed for trial
b. Without the accused being committed for trial, upon perusal of police report or complaint by an authorised officer
c. Only after approval from the High Court
d. Only after an appeal by the Central Government
143. Under Section 36A(2), a Special Court may try—
a. Only offences under this Act
b. Any offence unrelated to the accused
c. Offences under this Act and other offences which the accused may be charged with at the same trial under the CrPC
d. Only offences punishable with imprisonment over 10 years
144. Section 36A(3) clarifies that—
a. High Court powers regarding bail under section 439 CrPC are unaffected
b. High Court cannot interfere in Special Court matters
c. Bail powers of Magistrates are suspended
d. Special Courts cannot grant bail under any circumstances
145. In exercising powers under section 439 CrPC, the High Court may—
a. Consider a reference to “Magistrate” as including a “Special Court” constituted under section 36
b. Only grant bail in civil cases
c. Only grant bail after trial is complete
d. Cannot interfere in bail matters of Special Courts
146. For offences under sections 19, 24, 27A or involving commercial quantity, the “ninety days” reference in section 167 CrPC is—
a. Reduced to 30 days
b. Increased to 120 days
c. Increased to 180 days
d. Not applicable
147. If investigation cannot be completed within 180 days, the Special Court may extend the period—
a. Up to 6 months
b. Up to 1 year on report of the Public Prosecutor
c. Up to 2 years automatically
d. Not at all; accused must be released
148. Section 36A(5) allows offences punishable with imprisonment of not more than three years to be—
a. Transferred to the High Court
b. Tried summarily
c. Sent directly to the Supreme Court
d. Tried only after special permission from the Central Government
149. Under Section 36B of the NDPS Act, the High Court may exercise powers conferred by—
a. Chapters XX and XXI of the Code of Criminal Procedure, 1973
b. Chapters XXIX and XXX of the Code of Criminal Procedure, 1973
c. Chapters XXXI and XXXII of the Code of Criminal Procedure, 1973
d. Only Chapter XXIX of the Code of Criminal Procedure, 1973
150. For the purpose of appeal and revision under Section 36B, a Special Court is treated as—
a. A Magistrate’s Court
b. A Court of Judicial Magistrate First Class
c. A Court of Session
d. A Special Tribunal
151. Section 36B provides that the High Court shall exercise its powers as if the Special Court—
a. Were subordinate to the Magistrate
b. Were a Court of Session trying cases within the local limits of the High Court’s jurisdiction
c. Were exercising original civil jurisdiction
d. Were equivalent to a Sessions Court outside its territorial jurisdiction
152. The powers exercised by the High Court under Section 36B relate specifically to—
a. Bail only
b. Trial and sentencing
c. Appeal and revision
d. Investigation and prosecution
153. Under Section 36C of the NDPS Act, the provisions of the Code of Criminal Procedure, 1973 apply to:
a. Only civil matters
b. All criminal courts in India
c. Proceedings before a Special Court under this Act
d. Only High Courts
154. In proceedings before a Special Court under Section 36C, the provisions of the CrPC include:
a. None of the above
b. Provisions as to bonds
c. Both A and B
d. Provisions as to bail
155. For the purpose of applying the CrPC to proceedings under Section 36C, the Special Court shall be deemed to be:
a. A Magistrate Court
b. A High Court
c. A District Court
d. A Court of Session