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Past Questions
Under Section 4 of ME Act, 1973, the Administrator may declare by notification:
A)
The retail and wholesale limits of sale of any intoxicant
B)
The price of all intoxicants
C)
The strength of liquor to be manufactured
D)
The punishment for excise offences
Under Section 4 of the Mizoram Excise Act, 1973, the Administrator (the government authority empowered to manage excise matters) is granted the power to regulate the distribution and sale of intoxicants. Specifically, the Administrator may, by notification in the Official Gazette, declare the retail and wholesale limits of sale for any intoxicant. This ensures that the government can control the volume and scale of liquor trade within the state.
Why other options are incorrect:
- Option (b): The price of intoxicants is typically governed by price control orders or market forces, not specifically under the notification powers of Section 4 of this Act.
- Option (c): The strength of liquor is usually governed by manufacturing standards and quality control regulations rather than the administrative notification of sale limits.
- Option (d): Punishments for excise offences are prescribed in the penal provisions of the Act itself (the statutory law) and cannot be arbitrarily declared by the Administrator via notification; they must be passed as legislation.
The Superintendent of Excise & Narcotics must verify whole stock:
A)
Once a year
B)
Twice a year
C)
Thrice a year
D)
Every quarter
In the administrative and financial rules governing stock verification for government departments in Mizoram (aligned with the General Financial Rules and specific departmental manuals for Excise & Narcotics), a comprehensive physical verification of the entire stock is required to be conducted at least once a year. While periodic or surprise checks may occur more frequently (quarterly or monthly) for high-value or perishable items, the mandate for the Superintendent to verify the 'whole stock' is an annual requirement to reconcile physical inventory with the stock register before the closing of the financial year. Therefore, option (a) is the correct administrative requirement.
Which of the following statements is Correct under the ME Act 1973?
A)
Every person may possess unlimited quantities of foreign liquor for personal use.
B)
A permit granted by the Collector can authorize possession beyond the prescribed limit.
C)
Denatured spirit in possession of a warehouseman is exempt from all restrictions
D)
Sale of intoxicants does not require a licence if duty has been paid.
Under the Mizoram Excise Act 1973, the possession and sale of intoxicants are strictly regulated to prevent illicit trafficking and misuse.
1. **Option (a) is incorrect**: The Act does not allow 'unlimited' quantities of foreign liquor for personal use. There are specific prescribed limits for personal possession; exceeding these limits without a permit is a punishable offense.
2. **Option (b) is correct**: The Collector (or authorized officer) has the discretionary power to grant permits. A valid permit can legally authorize an individual or entity to possess quantities of intoxicants that exceed the general prescribed limits for personal use, provided the conditions of the permit are met.
3. **Option (c) is incorrect**: Denatured spirit, even in the possession of a warehouseman, is not 'exempt from all restrictions.' It is subject to strict regulations regarding storage, handling, and usage to ensure it is not converted back into potable alcohol.
4. **Option (d) is incorrect**: Payment of duty is a financial obligation to the state, but it does not waive the legal requirement for a license. The sale of intoxicants requires a valid license regardless of whether the duty has been paid.
According to the Mizoram Excise Act 1973, No intoxicant shall be imported unless:
A)
Permission of the Deputy Commissioner has been obtained
B)
The duty payable under Chapter V has been paid or bond has executed for its payment
C)
The importer is a Government servant
D)
The intoxicant is intended for personal use
Under the Mizoram Excise Act 1973, the import of intoxicants is strictly regulated to ensure the collection of state revenue and control over the movement of liquor/drugs. The Act stipulates that no intoxicant shall be imported into the state unless the requisite excise duty (as prescribed under Chapter V of the Act) has been paid in full, or a legal bond has been executed guaranteeing the payment of such duty.
- Option (a) is incorrect because while the DC has administrative powers, the specific legal prerequisite for import under the Excise Act is the settlement of duty.
- Option (c) is incorrect because being a Government servant does not grant an automatic exemption or right to import intoxicants without paying duty.
- Option (d) is incorrect because the duty requirement applies regardless of whether the intoxicant is for personal use or commercial sale; personal use does not waive the legal requirement for duty payment upon import.
If the case diaries do not contains full details of evidence, Court Officers should:
A)
Return the case diary to the Investigating Officer
B)
Adjourn the prosecution until further instructions are received
C)
Ascertain from the witnesses the facts they will prove and prepare themselves for the proper conduct of the case
D)
Request the Magistrate to conduct further investigation
In the context of Court Office Management and the duties of Court Officers (such as Prosecutors or Police Officers assisting the court), the primary objective is the efficient administration of justice and the proper conduct of the trial.
1. Why Option 'c' is correct: Case diaries are records of investigation, but they may sometimes be brief or lack the granular detail required for a trial. To ensure the case is presented effectively and to avoid surprises during cross-examination, the officer must proactively communicate with witnesses to understand the specific facts they will testify to. This allows the officer to organize the evidence and prepare the legal arguments necessary for the proper conduct of the case.
2. Why Option 'a' is incorrect: Returning the diary to the Investigating Officer (IO) would cause unnecessary delays in the judicial process and does not solve the immediate need for trial preparation.
3. Why Option 'b' is incorrect: Adjourning the prosecution is a last resort. A Court Officer should first attempt to rectify the lack of detail through witness consultation before requesting a delay in proceedings.
4. Why Option 'd' is incorrect: Requesting further investigation is only necessary if there is a critical gap in the evidence (a 'lacuna'). If the evidence exists but is simply not detailed in the diary, the officer should first ascertain the facts from the witnesses themselves.
When an absconded offender appears in Court or is arrested by parties other than the Excise and Narcotics of the Station which a warrant was sent in the first instance, or when a warrant is cancelled under section 70 , Criminal Procedure Code, 1978:
A)
The Court will file a fresh warrant.
B)
The Court Officer will issue a new warrant
C)
The Court Officer will send intimation to the Excise and Narcotics Station and ask for the return of the warrant
D)
The Court will take no further action
Option C is correct: The Court Officer will send intimation to the Excise and Narcotics Station and ask for the return of the warrant.
It is essential that the general office staff should not have access to the stock of forms without the knowledge of the:
A)
Commissioner
B)
Assistant Commissioner
C)
Office Superintendent
D)
Officer-in-charge
In standard office management and administrative procedures followed in government departments (including the Excise & Narcotics Department), the Office Superintendent (OS) is the primary officer responsible for the internal administration, supervision of staff, and the custody of office stationery and stock. The stock of forms—especially those that are official, numbered, or sensitive—must be kept under lock and key. While the Commissioner or Assistant Commissioner holds higher authority, the day-to-day accountability and 'knowledge' of stock issuance are delegated to the Office Superintendent to ensure there is no misuse or unauthorized removal of official documents. Therefore, general staff cannot access these stocks without the OS's authorization or knowledge.
The Superintendent of Excise & Narcotics should, if possible, be present during the change of Head Assistant primarily to:
A)
Approved the transfer of files between sections
B)
Verify pending bills and contingent expenditures
C)
Satisfy himself that the relieving Head Assistant has properly taken charge of registers, files and pending matters
D)
Conduct a departmental inspection simultaneously
In administrative procedures of government departments (including the Excise & Narcotics Department), the handover process between outgoing and incoming officials is a critical control mechanism. The Head Assistant holds a pivotal role in managing the office's records, registers, and pending correspondence. The presence of the Superintendent (the controlling officer) is required to ensure a formal and transparent transfer of charge. This prevents the loss of official documents, ensures that pending matters are not overlooked, and establishes a clear point of accountability from the moment the new official takes over.
- Option (a) is incorrect because the transfer of files between sections is a routine clerical process, not the primary reason for the Superintendent's presence during a change of personnel.
- Option (b) is incorrect because while bills are important, the overall 'charge' encompasses all registers and files, not just financial expenditures.
- Option (d) is incorrect because a departmental inspection is a separate, scheduled administrative activity and not the primary purpose of a handover ceremony.
Which of the following statements best illustrates a fact relevant under Section 7 of the Bharatiya Sakshya Adhiniyam, 2023?
A)
A witness gives an opinion on the character of the accused.
B)
After leaving A’s service, C tells A, “I am leaving because B has made me a better offer.”
C)
A newspaper publishes a report of the incident.
D)
A police officer records a confession.
Option B is correct: After leaving A’s service, C tells A, “I am leaving because B has made me a better offer.”.
Under Section 7 of the BSA, 2023, facts necessary to explain or introduce in issue are relevant if they:
A)
Establish motive only
B)
Explain, support, or rebut an inference suggested by a fact in issue or relevant fact
C)
Are contained in a public document
D)
Are admitted by both parties
Option B is correct: Explain, support, or rebut an inference suggested by a fact in issue or relevant fact.
Under the ME Act, 1973, a permit allowing possession of intoxicants beyond the prescribed limit may be granted by the:
A)
Commissioner
B)
Administrator
C)
Collector
D)
Superintendent
Under the Mizoram Excise Act, 1973, the Commissioner of Excise is the primary authority vested with the power to regulate the possession, transport, and sale of intoxicants. While the Collector and Superintendent handle administrative and enforcement duties at the district level, the authority to grant special permits or exemptions for the possession of intoxicants beyond the standard prescribed limits is reserved for the Commissioner. This ensures centralized control over the quantity of intoxicants available within the state to prevent illegal hoarding and smuggling.
In the offices of the Superintendent of Excise & Narcotics the Service Books for all ministerial and enforcement staff shall be kept by the:
A)
Superintendent
B)
Officer-in- Charge
C)
Head Assistant
D)
Head Constable
In the administrative structure of government offices in Mizoram, including the Excise & Narcotics Department, the custody and maintenance of Service Books (which are vital records of an employee's career, pay, increments, and leave) are assigned to the head of the ministerial section. The Head Assistant (or the equivalent Head Clerk/Office Superintendent) is the designated custodian responsible for the updating and safe-keeping of Service Books for both ministerial and enforcement staff within that specific office. The Superintendent is the administrative head (controlling officer) but does not personally maintain the records; the Officer-in-Charge and Head Constable are operational/field roles and do not hold the custodial responsibility for personnel records.
Under Section 50(1)(a)(i) of The Motor Vehicles Act, 1988, when ownership of a vehicle registered within the same State is transferred, the transferor must report the transfer within:
A)
7 days
B)
14 days
C)
30 days
D)
45 days
Option B is correct: 14 days.
A driving licence issued under Section 18 (vehicles belonging to the Central Government) of the MV Act, 1988 , authorizes the holder to drive:
A)
Any motor vehicle throughout India
B)
Only transport vehicles
C)
Only the class or description of vehicle specified in the licence
D)
Any government-owned vehicle irrespective of class
Option C is correct: Only the class or description of vehicle specified in the licence.
The prohibition under Section 11 of the ME Act, 1973 may be imposed through:
A)
Executive order
B)
Notification
C)
Circular memorandum
D)
Gazette note issued by the Commissioner
Under the Mizoram Excise Act, 1973, Section 11 deals with the power to prohibit the import, export, transport, manufacture, or possession of intoxicants. According to the legal framework of the Act, such a prohibition is not imposed through a simple administrative order or circular, but must be formally declared by the State Government through a 'Notification' published in the Official Gazette. This ensures that the prohibition has legal force and is publicly notified to all citizens and stakeholders.
- Option (a) 'Executive order' is too broad and lacks the specific statutory requirement of public notification.
- Option (c) 'Circular memorandum' is an internal administrative communication and cannot be used to impose legal prohibitions on the general public.
- Option (d) 'Gazette note issued by the Commissioner' is incorrect because the power to impose prohibition under Section 11 typically rests with the State Government, not the Commissioner alone, and the correct legal instrument is a 'Notification'.
An appeal or revision petition should ordinarily be submitted within:
A)
15 days from the date of judgement
B)
30 days from the date of receipt of the order
C)
45 days from the date of trial
D)
60 days from the date of conviction
In the context of legal procedures governing departmental and judicial appeals in India (including the Code of Criminal Procedure and various State Service Rules applicable to Mizoram), the standard limitation period for filing an appeal or a revision petition is generally 30 days. This period typically begins from the date the order was passed or the date the party received a certified copy of the order.
- Option (a) 15 days is generally too short for standard appeals, though it may apply to specific urgent interlocutory applications.
- Option (c) 45 days is not a standard statutory limitation period for these types of petitions.
- Option (d) 60 days is typically reserved for specific high-court appeals or special leave petitions in certain circumstances, but not as the 'ordinary' timeframe for general appeals/revisions.
Therefore, 30 days is the recognized standard timeframe for submitting such petitions to ensure the timely administration of justice.
Which of the following is exempted from the provision of Section 17(1) of the Mizoram Excise Act, 1873?
A)
Denatured spirit in possession of a common carrier
B)
Any intoxicant possessed by a licensed vendor
C)
Foreign liquor other than denatured spirit in the possession of a common carrier or warehouseman
D)
Country liquor intended for sale
Section 17(1) of the Mizoram Excise Act generally deals with the prohibition of possession of intoxicants without a valid license or permit. However, the Act provides specific exemptions to facilitate the legal transport and storage of goods by third parties who are not the owners of the liquor. Under the provisions of the Act, a 'common carrier' (such as a transport company) or a 'warehouseman' is exempted from the penalties of illegal possession provided the liquor is in their possession solely for the purpose of transport or storage and is not 'denatured spirit' (which has stricter controls due to industrial use and toxicity). Therefore, foreign liquor (other than denatured spirit) held by a common carrier or warehouseman is exempted from the strict liability of Section 17(1). Options (a), (b), and (d) are incorrect because denatured spirit is handled under different strictures, and licensed vendors or those selling country liquor are subject to the primary regulatory framework of the Act rather than being 'exempted' from the general prohibition of unauthorized possession.
The General Register of Excise & Narcotics shall contain particulars regarding:
A)
Seizures and confiscation only
B)
Rewards recommended but not sanctioned
C)
Rewards and payment of rewards entered at the time of each transaction
D)
Annual reward budger allocation
In the context of record-keeping for the Excise & Narcotics Department, the General Register is designed to be a comprehensive ledger of operational activities. Specifically regarding rewards, the register must maintain a real-time audit trail. Option (c) is correct because administrative and financial transparency requires that every reward recommended and subsequently paid be recorded immediately at the time of the transaction to prevent fraud and ensure accountability. Option (a) is incorrect because the General Register covers more than just seizures. Option (b) is incorrect because the register must track both sanctioned and pending rewards, not just those not sanctioned. Option (d) is incorrect as budget allocations are typically handled in Budgetary/Account registers, not the General Register of operational transactions.
According to the Manual, “Court Officers” means:
A)
All officers posted in District Offices
B)
Prosecuting Officers posted at the Excise & Narcotics Prosecution Branch in the courts of law
C)
All officers not below the rank of Sub-Inspector
D)
Officers authorized by the Commissioner to conduct prosecutions
In the context of the Departmental Manual for the Excise & Narcotics Department, 'Court Officers' are specifically defined by their functional role rather than their general rank or location.
1. Option (b) is correct because Court Officers are those specifically assigned to the Prosecution Branch to handle the legal proceedings, represent the department in courts of law, and ensure the prosecution of offenders under the relevant Acts (such as the MLP Act).
2. Option (a) is incorrect because officers in District Offices perform general administrative and enforcement duties, not specifically 'Court' duties.
3. Option (c) is incorrect because while a Court Officer may hold the rank of Sub-Inspector or above, the rank itself does not define them as a 'Court Officer'; the posting to the Prosecution Branch does.
4. Option (d) is incorrect because while the Commissioner may authorize officers, the formal definition in the Manual refers to those specifically posted to the Prosecution Branch.
According to Part III of the Mizoram Excise & Narcotics Manual 2005, the prosecuting staff of each district shall consist of :
A)
Inspector, Sub-Inspector and Assistant Sub-Inspector of Excise & Narcotics
B)
Superintendent, Inspector and Head Assistant
C)
Inspector and Constables only
D)
Assistant Commissioner and Inspector
According to the Mizoram Excise & Narcotics Manual 2005, Part III specifically deals with the administration of prosecution and the duties of the staff involved in legal proceedings. The manual stipulates that the prosecuting staff at the district level is composed of the field officers who are trained and authorized to present cases in court. These officers are the Inspector, Sub-Inspector, and Assistant Sub-Inspector of Excise & Narcotics.
- Option (b) is incorrect because the Superintendent is an administrative head and the Head Assistant is ministerial staff, not specifically designated as 'prosecuting staff'.
- Option (c) is incorrect because Constables do not have the legal standing or authority to act as prosecuting officers in court.
- Option (d) is incorrect because the Assistant Commissioner is a gazetted administrative officer who oversees the district, whereas the actual prosecution work is carried out by the Inspector and subordinate officers.
The restriction on import under Section 9(1) of ME Act, 1973 shall not apply to an article:
A)
Imported for Government use only
B)
Imported through a notified port
C)
Imported into India and liable to duty under the Customs Act, 1962
D)
Imported by a licensed vendor
Under Section 9 of the Mizoram Excise Act, 1973, restrictions are placed on the import of intoxicants and certain articles into the state to regulate the flow of liquor and narcotics. However, a specific legal exemption exists to avoid conflict with national trade and customs laws. The restriction on import under Section 9(1) does not apply to articles that have already been imported into India and are subject to duty under the Customs Act, 1962. This ensures that goods legally entering the country and cleared by central customs authorities are not arbitrarily blocked by state-level import restrictions unless specifically prohibited by other sections of the Act. Options (a), (b), and (d) are incorrect as they do not constitute the legal exemption criteria specified under the statutory language of Section 9(1) regarding the Customs Act.
The superintendent of Excise & Narcotics are empowered to grant leave of absence to Ministerial staff serving under them for upto one month, provided that:
A)
The leave does not exceed six months in the calendar year
B)
The leave is due under the Fundamental Rules
C)
The leave is recommended by the Deputy Commissioner of the district concerned
D)
The leave is sanctioned only after the approval of the Commissioner in every case.
In the context of Mizoram State Service Rules and the delegation of powers regarding leave (SR/FR), a Head of Office or a designated authority (such as the Superintendent of Excise & Narcotics) is empowered to sanction leave for their subordinates provided that the leave is actually earned or 'due' in the employee's leave account.
1. Why 'b' is correct: Under the Fundamental Rules (FR) and Supplementary Rules (SR), no leave can be granted unless it is due to the government servant. The power to grant leave is contingent upon the availability of leave balance in the service book.
2. Why 'a' is incorrect: There is no general rule limiting total leave to six months per calendar year for the exercise of this specific delegated power.
3. Why 'c' is incorrect: The Superintendent, as the immediate controlling authority/Head of Office for the ministerial staff under them, does not require the recommendation of the Deputy Commissioner to exercise their delegated power for short-term leave (up to one month).
4. Why 'd' is incorrect: If the Superintendent is empowered to grant leave up to one month, requiring the Commissioner's approval in 'every case' would negate the purpose of the delegation of power.
While absent from headquarters on inspection duty, a Superintendent of Excise & Narcotics shall maintain:
A)
An inspection register
B)
A stock verification register
C)
A brief diary showing how time was employed and matter noticed
D)
A confidential note book
In administrative and departmental rules governing supervisory officers (such as the Superintendent of Excise & Narcotics), it is a mandatory procedural requirement to maintain a 'Tour Diary' or a 'Brief Diary' when absent from headquarters on official duty.
1. Why Option (c) is correct: The primary purpose of this diary is to provide an official record of the officer's movements, the specific locations visited during inspection, the time spent at each point, and the observations/irregularities noticed. This serves as the basis for the subsequent formal inspection report and ensures accountability for the officer's time and conduct while on field duty.
2. Why other options are incorrect:
- Option (a): An inspection register is typically maintained at the office or unit being inspected, not by the inspecting officer as a personal record of time employment.
- Option (b): A stock verification register is a specific accounting document used to record physical inventory; it is a result of an inspection, not a record of the officer's daily activities during the tour.
- Option (d): While officers may keep notes, a 'confidential notebook' is not the prescribed official administrative requirement for recording the employment of time during headquarters absence; the 'brief diary' is the formal requirement for audit and administrative oversight.
Which of the following would be contrary to the provisions of the Manual regarding forms?
A)
Keeping forms in racks or almirahs
B)
Maintaining accounts of receipts and consumption
C)
Allowing general office staff unrestricted access to the stock of forms
D)
Preparing indents through the Head Assistant
In standard Office Management and Manual of Office Procedure (which governs departmental administration in Mizoram and other state governments), the management of official forms is treated as a matter of inventory control and security.
1. **Option (a)** is correct practice: Forms must be stored systematically in racks or almirahs to prevent damage and loss.
2. **Option (b)** is correct practice: A stock register must be maintained to track the receipt of new forms and their consumption to avoid shortages.
3. **Option (c)** is contrary to provisions: Official forms (especially those used for legal, financial, or narcotics-related documentation in the Excise department) are controlled stationery. Allowing unrestricted access to general staff would lead to wastage, misuse, or unauthorized issuance. Access should be restricted to a designated custodian (usually the Storekeeper or Head Assistant).
4. **Option (d)** is correct practice: Indents (requisitions for more forms) are typically processed through the Head Assistant or the administrative head to ensure the request is justified and authorized.
According to Section 8 of BSA ,2023, when there are reasonable grounds to believe that several persons have conspired to commit an offence, which of the following is relevant against each conspirator?
A)
Only acts done after the conspiracy is proved in court
B)
Anything said, done, or written by any conspirator in reference to their common intention while the conspiracy existed
C)
Only confessions made before a Magistrate
D)
Only written communications between conspirators
Option B is correct: Anything said, done, or written by any conspirator in reference to their common intention while the conspiracy existed.