Bihar Prohibition and Excise Act, 2016 Paper-5

Bihar Prohibition and Excise Act, 2016 Paper-5

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1. Section 47 applies to which of the following properties?

a. House, room, enclosure or space

b. Animal or conveyance

c. Both (a) and (b)

d. Only warehouses

 

2. The offence under Section 47 occurs when the person—

a. Accidentally allows premises to be used

b. Knowingly permits use of premises for commission of an offence

c. Reports the offence to police

d. Has no knowledge of the offence

 

3. A person found guilty under Section 47 shall be punished—

a. With fine only

b. With imprisonment only

c. In the same manner as if he himself committed the offence

d. With cancellation of license only

 

4. Liability under Section 47 arises when—

a. The person owns the premises

b. The person has control or use of the premises

c. The person rents the premises legally

d. The premises are registered under municipal law

 

5. Section 47 emphasizes responsibility of persons who—

a. Assist in transport of liquor

b. Allow their premises or property to be used for illegal activities under the Act

c. Manufacture liquor without license

d. Import liquor illegally

 

6. Section 48 of the Act deals with—

a. Penalty for attempt to commit an offence

b. Suspension of licenses

c. Recovery of excise duty

d. Regulation of warehouses

 

7. Under Section 48, a person who attempts to commit an offence under this Act—

a. Is not punishable

b. Is liable for punishment under the Act

c. Is liable only for fine

d. Is only warned by authorities

 

8. The punishment for attempting to commit an offence under the Act shall be—

a. Equal to the full punishment prescribed for the offence

b. Half of the minimum punishment prescribed

c. Half of the maximum punishment prescribed for the offence

d. Only a fine

 

9. Section 48 applies when a person—

a. Successfully commits the offence

b. Attempts to commit an offence punishable under the Act

c. Reports an offence

d. Pays excise duty late

 

10. The liability for attempt under Section 48 is based on—

a. The maximum punishment prescribed for the offence

b. The minimum punishment prescribed for the offence

c. The discretion of the police

d. Municipal regulations

 

11. The principle underlying Section 48 is that—

a. Attempt to commit an offence is not punishable

b. Attempt is punishable though at a reduced level of punishment

c. Attempt requires no legal consequence

d. Attempt results only in warning

 

12. Section 49 of the Act deals with—

a. Penalty for contempt of court

b. Suspension of licenses

c. Recovery of excise revenue

d. Transport of intoxicants

 

13. Proceedings under this Act before which authority are deemed to be judicial proceedings?

a. Collector

b. Officer exercising the powers of the Collector as prescribed by the State Government

c. Both (a) and (b)

d. Only the High Court

 

14. Proceedings under this Act before the Collector are deemed to be judicial proceedings within the meaning of—

a. Section 420 of the Indian Penal Code

b. Section 228 of the Indian Penal Code

c. Section 304 of the Indian Penal Code

d. Section 120B of the Indian Penal Code

 

15. The officer exercising the powers of the Collector must be of such rank as prescribed by—

a. The Board of Revenue

b. The Excise Commissioner

c. The State Government by notification

d. The High Court

 

16. A person guilty of contempt in such proceedings shall be punished—

a. Under the provisions of this Act only

b. Under the provisions of the Indian Penal Code applicable to contempt of court

c. Only with fine

d. Only with imprisonment

 

17. The legal significance of deeming such proceedings as judicial proceedings is to—

a. Simplify administrative work

b. Provide legal protection and punishment for contempt similar to court proceedings

c. Reduce penalties

d. Transfer powers to police authorities

 

18. Section 50 of the Act deals with—

a. Penalty for unlawful possession of liquor

b. Penalty on excise or police officers for vexatious search, seizure, detention or arrest

c. Licensing of distilleries

d. Recovery of excise revenue

 

19. Section 50 applies to which of the following persons?

a. Excise officers

b. Police officers

c. Any other person exercising powers under the Act

d. All of the above

 

20. An offence under Section 50 occurs when an officer enters or searches any closed place—

a. With proper warrant

b. With reasonable suspicion

c. Vexatiously and without reasonable ground for suspicion

d. With permission of the Collector

 

21. Seizing movable property of a person on false pretext of confiscation under the Act constitutes—

a. A lawful act

b. An offence under Section 50

c. A civil dispute only

d. A disciplinary matter only

 

22. Vexatiously searching, detaining or arresting any person without reasonable ground is—

a. Permitted during investigation

b. Punishable under Section 50

c. Only a departmental offence

d. Not covered by the Act

 

23. Section 50 also covers cases where an officer—

a. Performs lawful duties

b. Exceeds his lawful powers under the Act

c. Files official reports

d. Issues legal notices

 

24. The maximum imprisonment prescribed under Section 50 is—

a. 1 year

b. 2 years

c. 3 years

d. 5 years

 

25. The maximum fine that may be imposed under Section 50 may extend to—

a. ₹50,000

b. ₹1,00,000

c. ₹2,00,000

d. ₹5,00,000

 

26. The punishment under Section 50 may include—

a. Imprisonment only

b. Fine only

c. Both imprisonment and fine

d. Any of the above

 

27. Section 51 of the Act deals with—

a. Penalty for unlawful advertisement

b. Penalty on excise officer or police officer refusing to do duty

c. Licensing of distilleries

d. Recovery of excise revenue

 

28. Section 51 applies to which of the following officers?

a. Excise officer

b. Police officer

c. Both (a) and (b)

d. Only revenue officer

 

29. An offence under Section 51 occurs when an officer—

a. Refuses to perform his duties without lawful excuse

b. Withdraws himself from duty without authorization

c. Both (a) and (b)

d. Performs duty late

 

30. An officer may withdraw from duty without penalty if—

a. He informs his colleague

b. He obtains written permission from the Excise Commissioner or Collector

c. He informs the police station

d. He reports to the District Magistrate

 

31. An officer may also withdraw from duty if he has given—

a. One month notice in writing

b. Two months notice in writing to his superior officer

c. Three months notice in writing

d. Six months notice in writing

 

32. Which of the following conduct by an officer is punishable under Section 51?

a. Negligence in filing reports

b. Cowardice while performing duty

c. Delay in submitting returns

d. Failure to collect revenue

 

33. The maximum imprisonment prescribed under Section 51 is—

a. 1 month

b. 3 months

c. 6 months

d. 1 year

 

34. The maximum fine that may be imposed under Section 51 may extend to—

a. ₹5,000

b. ₹10,000

c. ₹20,000

d. ₹50,000

 

35. The punishment under Section 51 may include—

a. Imprisonment only

b. Fine only

c. Both imprisonment and fine

d. Suspension only

 

36. Section 52 of the Act deals with—

a. Penalty for unlawful advertisement

b. Penalty for offences not otherwise provided for

c. Licensing of distilleries

d. Recovery of excise revenue

 

37. Section 52 applies when—

a. A specific punishment is already provided under the Act

b. No punishment is otherwise provided for a contravention under the Act

c. The offence relates only to transport of liquor

d. The offence involves government officials

 

38. A person commits an offence under Section 52 when he—

a. Violates any provision of the Act, rule, or order made thereunder

b. Manufactures liquor legally

c. Possesses liquor with permit

d. Pays excise duty late

 

39. The minimum imprisonment prescribed under Section 52 is—

a. 3 months

b. 6 months

c. 1 year

d. 3 years

 

40. The maximum imprisonment under Section 52 may extend to—

a. 5 years

b. 6 years

c. 7 years

d. 10 years

 

41. The minimum fine prescribed under Section 52 is—

a. ₹50,000

b. ₹1,00,000

c. ₹2,00,000

d. ₹5,00,000

 

42. The maximum fine that may be imposed under Section 52 may extend to—

a. ₹5,00,000

b. ₹7,50,000

c. ₹10,00,000

d. ₹15,00,000

 

43. The punishment under Section 52 may include—

a. Imprisonment only

b. Fine only

c. Both imprisonment and fine

d. Any of the above

 

44. Section 54 of the Act deals with—

a. Licensing of distilleries

b. Failure of occupier to disclose information regarding illegal liquor activities

c. Recovery of excise revenue

d. Transport of intoxicants

 

45. Under Section 54(1), the occupier of land or building must inform authorities if—

a. Liquor or intoxicant is illegally manufactured, sold, stored or consumed

b. Any excisable plant is cultivated in contravention of the Act

c. Both (a) and (b)

d. Only when a police complaint is filed

 

46. The occupier must give such information as soon as the fact comes to his knowledge to—

a. Nearest excise official

b. Police official

c. Collector

d. Any of the above

 

47. The obligation to provide such information also applies to—

a. Only the owner of the property

b. Agents of the occupier

c. Only tenants

d. Only police officers

 

48. If the occupier or his agent fails to disclose such information, the punishment may include—

a. Fine only

b. Imprisonment up to two years

c. Imprisonment up to five years

d. Cancellation of property rights

 

49. Section 54 emphasizes the responsibility of occupiers to—

a. Manufacture liquor legally

b. Assist authorities by reporting illegal liquor-related activities

c. Pay excise duty

d. Issue permits for liquor transport

 

50. Section 55 of the Act deals with—

a. Compounding of offences

b. Non-compounding of offences

c. Licensing of distilleries

d. Recovery of excise revenue

 

51. Under Section 55, offences committed in contravention of the provisions of this Act are—

a. Compoundable

b. Non-compoundable

c. Compoundable only with permission of the Collector

d. Compoundable only by the court

 

52. The term “non-compoundable offence” under Section 55 means—

a. The offence can be settled between parties

b. The offence cannot be settled or compromised under this Act

c. The offence requires only fine

d. The offence is decided by administrative authorities

 

53. The rule of non-compounding under Section 55 applies to—

a. Only serious offences

b. Only offences related to manufacturing liquor

c. Any offence committed in contravention of the provisions of this Act

d. Only offences involving transport of liquor

 

54. The objective of making offences non-compoundable under Section 55 is to—

a. Encourage settlement of disputes

b. Ensure strict enforcement of prohibition laws

c. Reduce litigation

d. Simplify licensing procedures

 

55. Section 56 of the Act deals with—

a. Recovery of excise revenue

b. Things liable for confiscation

c. Licensing of distilleries

d. Penalty for unlawful advertisement

 

56. Under Section 56, confiscation may occur when—

a. A civil dispute arises

b. An offence punishable under this Act has been committed

c. A license expires

d. A permit is renewed

 

57. Which of the following items may be confiscated under Section 56?

a. Intoxicant or liquor unlawfully imported, transported, manufactured, sold or possessed

b. Material, utensil, implement or apparatus used for manufacturing liquor

c. Packages or coverings used for storing or labeling liquor

d. All of the above

 

58. Which of the following conveyances may be confiscated if used in committing an offence under the Act?

a. Animal

b. Vehicle or vessel

c. Other conveyance used for carrying intoxicants

d. All of the above

 

59. Under Section 56, which of the following may also be liable for confiscation?

a. Premises used for storing liquor illegally

b. Premises used for manufacturing intoxicants illegally

c. Premises used for committing any other offence under the Act

d. All of the above

 

60. Confiscation of items under Section 56 shall be carried out—

a. As directed by the police station

b. In a manner prescribed under the provisions of the Act

c. Only by the High Court

d. Only through criminal courts

 

61. The State Government may issue directions or guidelines regarding—

a. Licensing procedures

b. Mode and manner of search, seizure and confiscation

c. Import duties

d. Appointment of officers

 

62. Confiscation under Section 56 applies primarily to items connected with—

a. Legal sale of liquor

b. Commission of offences under the Act

c. Transport of goods under Motor Vehicles Act

d. Civil disputes

 

63. Section 57 of the Act deals with—

a. Licensing of warehouses

b. Power to order sale or destruction of articles before confiscation

c. Recovery of excise revenue

d. Regulation of transport of intoxicants

 

64. Under Section 57, sale of articles before confiscation may be ordered when—

a. The article is liable to speedy and natural decay

b. Sale is in public interest

c. Sale would benefit the owner

d. All of the above

 

65. Which of the following authorities may order the sale of articles before confiscation?

a. Excise Commissioner

b. Collector or Court

c. Officer authorized by the State Government

d. All of the above

 

66. The proceeds from the sale of such articles shall be—

a. Given to the police department

b. Deposited with the Government

c. Returned immediately to the owner

d. Distributed among officers

 

67. The order for sale of articles under Section 57 may be made—

a. Only after confiscation

b. Before passing the order of confiscation

c. Only after court approval

d. Only after police investigation

 

68. Articles liable to speedy and natural decay may be—

a. Returned to the owner

b. Stored indefinitely

c. Destroyed if deemed expedient

d. Transported outside the State

 

69. The authority empowered to order destruction of such articles is—

a. The Collector or the concerned officer

b. Only the High Court

c. The State Transport Authority

d. The Board of Revenue

 

70. Destruction of articles may also be ordered when they—

a. Are of trifling value

b. Can be put to misuse

c. Both (a) and (b)

d. Are stored in warehouses

 

71. Section 58 of the Act deals with—

a. Sale of seized property

b. Confiscation by District Collector

c. Licensing of warehouses

d. Transport of intoxicants

 

72. When any property liable for confiscation is seized or detained under the Act, the officer seizing it shall—

a. Report to the Excise Commissioner

b. Report to the District Collector having jurisdiction

c. Report to the police station

d. Report to the High Court

 

73. The report regarding seizure or detention must be submitted to the District Collector—

a. Within one month

b. Immediately after confiscation

c. Without any reasonable delay

d. After completion of trial

 

74. The District Collector may order confiscation if he is satisfied that—

a. The goods are valuable

b. An offence under the Act has been committed

c. The owner admits guilt

d. A police complaint is filed

 

75. Confiscation may be ordered by the District Collector—

a. Only when prosecution is instituted

b. Only when the court orders confiscation

c. Whether or not prosecution is instituted and whether or not a case is pending in court

d. Only after conviction

 

76. Before ordering confiscation, the District Collector must—

a. Obtain permission from the High Court

b. Give the concerned person a reasonable opportunity of being heard

c. Consult the police officer

d. Seek approval of the Board of Revenue

 

77. If confiscated property cannot be preserved or is not fit for human consumption, the Collector may—

a. Return it to the owner

b. Destroy it

c. Store it indefinitely

d. Transfer it to another state

 

78. Destruction of confiscated articles must take place in the presence of—

a. Executive Magistrate

b. Excise Officer not below the rank of Sub-Inspector

c. Officer ordering confiscation

d. Any of the above

 

79. If the District Collector considers it expedient in public interest, confiscated property may be—

a. Returned to the accused

b. Sold by public auction or disposed of departmentally

c. Stored in warehouses indefinitely

d. Sent to the police department

 

80. The proceeds from the sale of confiscated property shall be—

a. Deposited with the State Government

b. Distributed among officials

c. Given to the police department

d. Returned to the owner

 

81. After confiscation, the District Collector must submit a report to—

a. The Board of Revenue

b. The Commissioner of Excise

c. The State Government

d. The High Court

 

82. The report regarding confiscation must be submitted within—

a. 15 days

b. 30 days

c. 45 days

d. 60 days

 

83. Section 59 of the Act deals with—

a. Licensing of warehouses

b. Confiscation and destruction not affecting other punishments

c. Recovery of excise revenue

d. Transport of intoxicants

 

84. An order of confiscation under Section 58—

a. Cancels all other punishments

b. Prevents further legal proceedings

c. Does not prevent imposition of other punishments under the Act

d. Ends the criminal case

 

85. Confiscation of property under Section 58 is—

a. A substitute for punishment

b. Independent of other punishments under the Act

c. Applicable only after conviction

d. Applicable only in civil cases

 

86. Under Section 59, a person whose property has been confiscated—

a. Cannot be punished further

b. May still be liable to punishment under the Act

c. Must be released from prosecution

d. Is entitled to compensation

 

87. The purpose of Section 59 is to clarify that—

a. Confiscation replaces imprisonment

b. Confiscation does not bar criminal punishment

c. Confiscation applies only to vehicles

d. Confiscation applies only to liquor

 

88. Section 60 of the Act deals with—

a. Power of courts in confiscation matters

b. Bar of jurisdiction of courts in confiscation matters

c. Licensing of distilleries

d. Recovery of excise revenue

 

89. Under Section 60, when property is seized or detained under this Act—

a. Courts may pass orders regarding such property

b. Only High Court may pass orders

c. No court shall have jurisdiction to make any order regarding such property

d. District courts may intervene

 

90. The bar of jurisdiction under Section 60 applies notwithstanding anything contained in—

a. The Code of Civil Procedure

b. Any other law for the time being in force

c. Only the Indian Penal Code

d. Only the Excise Rules

 

91. Which of the following items, when seized under the Act, fall under the bar of jurisdiction provision?

a. Liquor, materials, stills and utensils

b. Implements or apparatus used for offences

c. Vehicles, animals, carts or vessels used in committing offences

d. All of the above

 

92. The bar of jurisdiction under Section 60 applies when property is—

a. Seized or detained under the Act

b. Stored in government warehouse

c. Transported with permit

d. Imported legally

 

93. The objective of Section 60 is to ensure that—

a. Courts directly control confiscation proceedings

b. Confiscation matters are handled under the procedure prescribed in the Act

c. Property is returned quickly to the owner

d. Civil courts settle confiscation disputes

 

94. Section 61 of the Act deals with—

a. Licensing of distilleries

b. Vesting of confiscated articles with the State Government

c. Transport of intoxicants

d. Recovery of excise revenue

 

95. When an order of confiscation becomes final under Section 57, the confiscated property shall—

a. Be returned to the owner

b. Vest with the State Government

c. Be transferred to the police department

d. Be auctioned automatically

 

96. The confiscated property vests with the State Government—

a. With certain conditions

b. Subject to civil claims

c. Free from any encumbrance

d. Only after court approval

 

97. Vesting of confiscated property occurs when—

a. The property is seized

b. The confiscation order becomes final

c. The police file a report

d. The case is filed in court

 

98. The vesting provision under Section 61 applies to—

a. Only the entire confiscated property

b. Only vehicles seized under the Act

c. Whole or any portion of the confiscated property

d. Only liquor seized

 

99. Once property vests with the State Government under Section 61—

a. The previous owner retains ownership rights

b. It becomes free from all claims or encumbrances

c. It must be returned after trial

d. It is kept under temporary custody

 

100. Section 62 of the Act deals with—

a. Licensing of warehouses

b. Premises liable to be sealed

c. Recovery of excise revenue

d. Transport of intoxicants

 

101. A premises may be sealed under Section 62 when—

a. It is used for lawful storage of liquor

b. Liquor or intoxicant is found there or it is used for committing an offence under the Act

c. It is located in a restricted area

d. A license has expired

 

102. The authority empowered to seal premises under Section 62 includes—

a. Any police officer

b. Excise officer or police officer not below the rank of Sub-Inspector

c. Only the Collector

d. Only the Excise Commissioner

 

103. After sealing the premises, the officer must send a report to—

a. The Excise Commissioner

b. The State Government

c. The Collector

d. The High Court

 

104. The report sent to the Collector is for the purpose of—

a. Registration of license

b. Confiscation of the premises

c. Issuing transport permits

d. Recovery of excise duty

 

105. Temporary structures that cannot be effectively sealed may be—

a. Ignored by the authorities

b. Converted into warehouses

c. Demolished with the order of the Collector

d. Seized by the police department

 

106. Demolition of temporary structures under Section 62 requires—

a. Permission from the court

b. Order of the Collector

c. Approval from the Excise Commissioner

d. Public notice

 

107. Section 62 empowers authorities primarily to—

a. Protect excise revenue

b. Prevent use of premises for illegal liquor activities

c. Promote liquor trade

d. Regulate export of liquor

 

108. Section 63 of the Act deals with—

a. Licensing of distilleries

b. Power of Collector to close places where liquor, intoxicant or hemp is sold

c. Recovery of excise revenue

d. Transport of intoxicants

 

109. The Collector may order closure of a place where liquor or intoxicant is sold if—

a. The license has expired

b. It is necessary in the interest of public peace

c. The shop owner requests closure

d. The police recommend closure

 

110. The order for closure under Section 63 must be—

a. Oral instruction

b. Written order issued by the Collector

c. Court directive

d. Police order

 

111. The Collector may direct the license holder to close such place—

a. Permanently

b. At such time or for such period as specified in the order

c. Only for one day

d. Only during festivals

 

112. If a riot or unlawful assembly is imminent or takes place, the authority who may order closure is—

a. Police Inspector

b. Executive Magistrate present at the spot

c. District Judge

d. Municipal Commissioner

 

113. In absence of an Executive Magistrate during such situation, the license holder shall—

a. Continue selling liquor

b. Close the place himself

c. Seek permission from police

d. Wait for court orders

 

114. An order given by an Executive Magistrate under Section 63 may be appealed before—

a. High Court

b. Collector

c. Excise Commissioner

d. District Court

 

115. If the order for closure is issued by the Collector, the appeal shall lie before—

a. The High Court

b. The Board of Revenue

c. The Excise Commissioner

d. The State Government

 

116. Section 65 of the Act deals with—

a. Suspension of excise officers

b. Power of the State Government to withdraw facilities and privileges

c. Recovery of excise revenue

d. Licensing of distilleries

 

117. The authority empowered to withdraw facilities, privileges, or benefits under Section 65 is—

a. The Collector

b. The Excise Commissioner

c. The State Government

d. The Board of Revenue

 

118. The State Government may exercise this power by issuing—

a. A circular

b. A notification in the Official Gazette

c. A police order

d. A court directive

 

119. Facilities, privileges, contracts, licenses or benefits may be withdrawn from persons who are—

a. Suspected under the Act

b. Charge-sheeted for offences under this Act

c. Only convicted persons

d. Government employees

 

120. The restrictions or withdrawal of facilities under Section 65 must be—

a. Absolute and permanent

b. Reasonable

c. Temporary only

d. Decided by the police department

 

121. The facilities or privileges that may be withdrawn may arise from—

a. Other Acts

b. Government schemes or projects

c. Contracts or licenses

d. All of the above

 

122. The purpose of Section 65 is primarily to—

a. Encourage liquor trade

b. Deter persons accused of offences under the Act by restricting government benefits

c. Increase excise revenue

d. Transfer licensing powers to police authorities

 

123. Section 67 of the Act deals with—

a. Renewal of licenses

b. Extension of period of order

c. Confiscation of property

d. Recovery of excise revenue

 

124. The authority empowered to extend the period of an order under Section 67 is—

a. The State Government

b. The Excise Commissioner

c. The Collector

d. The Board of Revenue

 

125. The Collector may extend the period of an order only if—

a. The police recommend it

b. He records reasons in writing

c. The license holder requests it

d. The Excise Commissioner approves it

 

126. The extension of period under Section 67 must be in the interest of—

a. The license holder

b. The police department

c. The general public or any member of the public

d. The excise department

 

127. The order whose period can be extended under Section 67 is the order made under—

a. Section 65

b. Section 66

c. Section 68

d. Section 70

 

128. The maximum period for which the order may be extended under Section 67 shall not exceed—

a. One year

b. Two years in the aggregate

c. Three years

d. Five years

 

129. The extension of period by the Collector must be—

a. Based on written reasons

b. Based on oral direction

c. Approved by the High Court

d. Approved by the police department

 

130. The purpose of Section 67 is to allow the Collector to—

a. Cancel licenses permanently

b. Extend orders affecting persons when necessary for public interest

c. Increase excise duties

d. Transfer cases to courts

 

131. Section 68 of the Act deals with—

a. Suspension of licenses

b. Permission to return temporarily to a restricted area

c. Confiscation of property

d. Recovery of excise revenue

 

132. The authority empowered to grant temporary permission to return under Section 68 is—

a. The State Government

b. The Excise Commissioner

c. The Collector

d. The Board of Revenue

 

133. Temporary return under Section 68 applies to persons against whom an order has been made under—

a. Section 65

b. Section 66

c. Section 67

d. Section 70

 

134. The Collector may allow such a person to—

a. Permanently reside in the area

b. Enter or return to the area for a temporary period

c. Travel outside the State only

d. Transfer property

 

135. Temporary permission granted under Section 68 is—

a. Absolute and unconditional

b. Subject to conditions specified by the Collector

c. Subject to court approval only

d. Subject to police approval only

 

136. The Collector may rescind the permission granted under Section 68—

a. Only with court approval

b. Only after police investigation

c. At any time

d. Only after one year