CLAT 2022 || New Pattern Legal Reasoning Quiz || 04.02.2022

Under the Act, a permit is mandatory to purchase, possess, consume or serve liquor. The Act empowers the police to arrest a person for purchasing, consuming, or serving alcohol without the permit with punishment ranging from three months to five years in prison. Transporting liquor without a permit is punishable with a fine of 50,000 rupees and 5 years in prison.

One day, Mr. Rajiv Anthony, a middle-aged government servant, left home after dinner for a drive to escape the oppressive summer heat. As he returned to his home at 9:30 p.m., some people emerged from behind a stationary vehicle and suddenly stepped out on the path of his

jeep. Although he braked, he was unable to avoid them, and his jeep knocked down three of them. A police constable on the scene reported that Pesikaka’s breath smelled of alcohol. Anthony was accordingly charged under the Indian Penal Code for rash and negligent driving, as well as under the Maharashtra Prohibition Act, a state law. Section 279 of the Indian Penal Code defines the offense of rash and negligent driving as: “Whoever drives any vehicle, or rides, on any public way in a manner so rash or negligent as to endanger human life, or to be likely to cause hurt or injury to any other person, shall be punished with imprisonment”. The Maharashtra Prohibition Act prohibits “the import, export, transport, manufacture, sale, purchase, possession, use, or consumption of any intoxicant, except in accordance with the terms and conditions of a license granted under the Act.”

During the trial, the neighborhood watchman, an independent witness, testified that Anthony was driving at an ordinary speed and exercising adequate care. Furthermore, the medical evidence confirmed that even though Anthony had smelled of alcohol, his pupils reacted to light, his speech was coherent, he was well behaved, and he could walk in a straight line. The police doctor testified that Anthony had not been acting under the influence of alcohol. Anthony attributed the smell of alcohol to BG Phos, a health tonic with 17% alcohol content. He also argued that while he did not have the necessary license, the Maharashtra Prohibition Act did not extend to the consumption of BG Phos, because of Article 19 of the Constitution. Article 19 provides that the powers of the state legislature do not extend to the legitimate use of medicinal preparations and non-alcoholic beverages. The Constitution prevails over all other laws in the country.

Source: (Extracted, with edits and revisions) from A People’s Constitution, by Rohit De, Princeton University Press, 2018; www.bombayhighcourt.nic.in, www.indiankanoon.org.

Under the Act, a permit is mandatory to purchase, possess, consume or serve liquor. The Act empowers the police to arrest a person for purchasing, consuming, or serving alcohol without the permit with punishment ranging from three months to five years in prison. Transporting liquor without a permit is punishable with a fine of 50,000 rupees and 5 years in prison.

One day, Mr. Rajiv Anthony, a middle-aged government servant, left home after dinner for a drive to escape the oppressive summer heat. As he returned to his home at 9:30 p.m., some people emerged from behind a stationary vehicle and suddenly stepped out on the path of his

jeep. Although he braked, he was unable to avoid them, and his jeep knocked down three of them. A police constable on the scene reported that Pesikaka’s breath smelled of alcohol. Anthony was accordingly charged under the Indian Penal Code for rash and negligent driving, as well as under the Maharashtra Prohibition Act, a state law. Section 279 of the Indian Penal Code defines the offense of rash and negligent driving as: “Whoever drives any vehicle, or rides, on any public way in a manner so rash or negligent as to endanger human life, or to be likely to cause hurt or injury to any other person, shall be punished with imprisonment”. The Maharashtra Prohibition Act prohibits “the import, export, transport, manufacture, sale, purchase, possession, use, or consumption of any intoxicant, except in accordance with the terms and conditions of a license granted under the Act.”

During the trial, the neighborhood watchman, an independent witness, testified that Anthony was driving at an ordinary speed and exercising adequate care. Furthermore, the medical evidence confirmed that even though Anthony had smelled of alcohol, his pupils reacted to light, his speech was coherent, he was well behaved, and he could walk in a straight line. The police doctor testified that Anthony had not been acting under the influence of alcohol. Anthony attributed the smell of alcohol to BG Phos, a health tonic with 17% alcohol content. He also argued that while he did not have the necessary license, the Maharashtra Prohibition Act did not extend to the consumption of BG Phos, because of Article 19 of the Constitution. Article 19 provides that the powers of the state legislature do not extend to the legitimate use of medicinal preparations and non-alcoholic beverages. The Constitution prevails over all other laws in the country.

Source: (Extracted, with edits and revisions) from A People’s Constitution, by Rohit De, Princeton University Press, 2018; www.bombayhighcourt.nic.in, www.indiankanoon.org.

Under the Act, a permit is mandatory to purchase, possess, consume or serve liquor. The Act empowers the police to arrest a person for purchasing, consuming, or serving alcohol without the permit with punishment ranging from three months to five years in prison. Transporting liquor without a permit is punishable with a fine of 50,000 rupees and 5 years in prison.

One day, Mr. Rajiv Anthony, a middle-aged government servant, left home after dinner for a drive to escape the oppressive summer heat. As he returned to his home at 9:30 p.m., some people emerged from behind a stationary vehicle and suddenly stepped out on the path of his

jeep. Although he braked, he was unable to avoid them, and his jeep knocked down three of them. A police constable on the scene reported that Pesikaka’s breath smelled of alcohol. Anthony was accordingly charged under the Indian Penal Code for rash and negligent driving, as well as under the Maharashtra Prohibition Act, a state law. Section 279 of the Indian Penal Code defines the offense of rash and negligent driving as: “Whoever drives any vehicle, or rides, on any public way in a manner so rash or negligent as to endanger human life, or to be likely to cause hurt or injury to any other person, shall be punished with imprisonment”. The Maharashtra Prohibition Act prohibits “the import, export, transport, manufacture, sale, purchase, possession, use, or consumption of any intoxicant, except in accordance with the terms and conditions of a license granted under the Act.”

During the trial, the neighborhood watchman, an independent witness, testified that Anthony was driving at an ordinary speed and exercising adequate care. Furthermore, the medical evidence confirmed that even though Anthony had smelled of alcohol, his pupils reacted to light, his speech was coherent, he was well behaved, and he could walk in a straight line. The police doctor testified that Anthony had not been acting under the influence of alcohol. Anthony attributed the smell of alcohol to BG Phos, a health tonic with 17% alcohol content. He also argued that while he did not have the necessary license, the Maharashtra Prohibition Act did not extend to the consumption of BG Phos, because of Article 19 of the Constitution. Article 19 provides that the powers of the state legislature do not extend to the legitimate use of medicinal preparations and non-alcoholic beverages. The Constitution prevails over all other laws in the country.

Source: (Extracted, with edits and revisions) from A People’s Constitution, by Rohit De, Princeton University Press, 2018; www.bombayhighcourt.nic.in, www.indiankanoon.org.

Under the Act, a permit is mandatory to purchase, possess, consume or serve liquor. The Act empowers the police to arrest a person for purchasing, consuming, or serving alcohol without the permit with punishment ranging from three months to five years in prison. Transporting liquor without a permit is punishable with a fine of 50,000 rupees and 5 years in prison.

One day, Mr. Rajiv Anthony, a middle-aged government servant, left home after dinner for a drive to escape the oppressive summer heat. As he returned to his home at 9:30 p.m., some people emerged from behind a stationary vehicle and suddenly stepped out on the path of his

jeep. Although he braked, he was unable to avoid them, and his jeep knocked down three of them. A police constable on the scene reported that Pesikaka’s breath smelled of alcohol. Anthony was accordingly charged under the Indian Penal Code for rash and negligent driving, as well as under the Maharashtra Prohibition Act, a state law. Section 279 of the Indian Penal Code defines the offense of rash and negligent driving as: “Whoever drives any vehicle, or rides, on any public way in a manner so rash or negligent as to endanger human life, or to be likely to cause hurt or injury to any other person, shall be punished with imprisonment”. The Maharashtra Prohibition Act prohibits “the import, export, transport, manufacture, sale, purchase, possession, use, or consumption of any intoxicant, except in accordance with the terms and conditions of a license granted under the Act.”

During the trial, the neighborhood watchman, an independent witness, testified that Anthony was driving at an ordinary speed and exercising adequate care. Furthermore, the medical evidence confirmed that even though Anthony had smelled of alcohol, his pupils reacted to light, his speech was coherent, he was well behaved, and he could walk in a straight line. The police doctor testified that Anthony had not been acting under the influence of alcohol. Anthony attributed the smell of alcohol to BG Phos, a health tonic with 17% alcohol content. He also argued that while he did not have the necessary license, the Maharashtra Prohibition Act did not extend to the consumption of BG Phos, because of Article 19 of the Constitution. Article 19 provides that the powers of the state legislature do not extend to the legitimate use of medicinal preparations and non-alcoholic beverages. The Constitution prevails over all other laws in the country.

Source: (Extracted, with edits and revisions) from A People’s Constitution, by Rohit De, Princeton University Press, 2018; www.bombayhighcourt.nic.in, www.indiankanoon.org.

Under the Act, a permit is mandatory to purchase, possess, consume or serve liquor. The Act empowers the police to arrest a person for purchasing, consuming, or serving alcohol without the permit with punishment ranging from three months to five years in prison. Transporting liquor without a permit is punishable with a fine of 50,000 rupees and 5 years in prison.

One day, Mr. Rajiv Anthony, a middle-aged government servant, left home after dinner for a drive to escape the oppressive summer heat. As he returned to his home at 9:30 p.m., some people emerged from behind a stationary vehicle and suddenly stepped out on the path of his

jeep. Although he braked, he was unable to avoid them, and his jeep knocked down three of them. A police constable on the scene reported that Pesikaka’s breath smelled of alcohol. Anthony was accordingly charged under the Indian Penal Code for rash and negligent driving, as well as under the Maharashtra Prohibition Act, a state law. Section 279 of the Indian Penal Code defines the offense of rash and negligent driving as: “Whoever drives any vehicle, or rides, on any public way in a manner so rash or negligent as to endanger human life, or to be likely to cause hurt or injury to any other person, shall be punished with imprisonment”. The Maharashtra Prohibition Act prohibits “the import, export, transport, manufacture, sale, purchase, possession, use, or consumption of any intoxicant, except in accordance with the terms and conditions of a license granted under the Act.”

During the trial, the neighborhood watchman, an independent witness, testified that Anthony was driving at an ordinary speed and exercising adequate care. Furthermore, the medical evidence confirmed that even though Anthony had smelled of alcohol, his pupils reacted to light, his speech was coherent, he was well behaved, and he could walk in a straight line. The police doctor testified that Anthony had not been acting under the influence of alcohol. Anthony attributed the smell of alcohol to BG Phos, a health tonic with 17% alcohol content. He also argued that while he did not have the necessary license, the Maharashtra Prohibition Act did not extend to the consumption of BG Phos, because of Article 19 of the Constitution. Article 19 provides that the powers of the state legislature do not extend to the legitimate use of medicinal preparations and non-alcoholic beverages. The Constitution prevails over all other laws in the country.

Source: (Extracted, with edits and revisions) from A People’s Constitution, by Rohit De, Princeton University Press, 2018; www.bombayhighcourt.nic.in, www.indiankanoon.org.

The World Anti-Doping Agency (WADA; French: Agence mondiale antidopage, AMA) is a foundation initiated by the International Olympic Committee based in Canada to promote, coordinate and monitor the fight against drugs in sports. The agency's key activities include scientific research, education, development of anti-doping capacities, and monitoring of the World Anti-Doping Code, whose provisions are enforced by the UNESCO International Convention against Doping in Sport. The aims of the Council of Europe Anti-Doping Convention and the United States Anti-Doping Agency are also closely aligned with those of WADA.

Vineeta is an international wrestler and a member of the Bajrani Akhada in Thane, Maharashtra. The Bajrani Akhada has strict rules against doping and also on possession of Prohibited Substances. It had circulated to each of its members, a list of Prohibited Substances, including the substance Dexamethasone. On Tuesday, Vineeta caught a severe cold and her doctor prescribed her a cough syrup, Cofdex. Acting on her doctor’s advice, Vineeta requested her driver to get Cofdex from the local pharmacy. Nancy, who happens to be a rival of Vineeta and also a member of the Bajrangi Akhada, saw Vineeta’s driver purchasing Cofdex from the pharmacy. Nancy knew that Cofdex contains Dexamethasone and, on the same day, made an anonymous complaint to the Bajrangi Akhada that Vineeta is in constructive possession of a Prohibited Substance. The next day, Vineeta took one dose of Cofdex and then checked the ingredients of the medicine. She found out that it contains Dexamethasone. She immediately reported to the Anti-Doping Wing of Bajrangi Akhada that she came in possession of the cough syrup and intends to surrender it since it contains Dexamethasone. On Thursday, the Anti-Doping Wing of the Bajrangi Akhada requested Vineeta for her urine samples, which tested positive for the presence of Dexamethasone.

The Bajrangi Akahada’s Anti-Doping Code on ‘Possession of Prohibited Substances’ states the following: “The actual, physical or constructive possession of a Prohibited Substance amounts to a violation of this Anti-Doping Code; provided, however, constructive possession shall only be found if the person knew about the presence of the Prohibited Substance and exercised control to acquire possession of it. Provided, however, there shall be no violation of this Anti-Doping Code on Possession of Prohibited Substances, if, prior to receiving notification of any kind that the person has committed an anti-doping rule violation, the person has taken concrete action demonstrating that the person never intended to have possession of the Prohibited Substance and has renounced its possession by explicitly declaring it to the Anti-Doping Wing of Bajrangi Akhada. Notwithstanding anything to the contrary in this definition, the purchase (including by any electronic or other means) of a Prohibited Substance constitutes possession by the Person who makes the purchase.”

Sources: (Extracted, added & edited) : www.wada-ama.org, www.nada.da, www.thehindu.com.

The World Anti-Doping Agency (WADA; French: Agence mondiale antidopage, AMA) is a foundation initiated by the International Olympic Committee based in Canada to promote, coordinate and monitor the fight against drugs in sports. The agency's key activities include scientific research, education, development of anti-doping capacities, and monitoring of the World Anti-Doping Code, whose provisions are enforced by the UNESCO International Convention against Doping in Sport. The aims of the Council of Europe Anti-Doping Convention and the United States Anti-Doping Agency are also closely aligned with those of WADA.

Vineeta is an international wrestler and a member of the Bajrani Akhada in Thane, Maharashtra. The Bajrani Akhada has strict rules against doping and also on possession of Prohibited Substances. It had circulated to each of its members, a list of Prohibited Substances, including the substance Dexamethasone. On Tuesday, Vineeta caught a severe cold and her doctor prescribed her a cough syrup, Cofdex. Acting on her doctor’s advice, Vineeta requested her driver to get Cofdex from the local pharmacy. Nancy, who happens to be a rival of Vineeta and also a member of the Bajrangi Akhada, saw Vineeta’s driver purchasing Cofdex from the pharmacy. Nancy knew that Cofdex contains Dexamethasone and, on the same day, made an anonymous complaint to the Bajrangi Akhada that Vineeta is in constructive possession of a Prohibited Substance. The next day, Vineeta took one dose of Cofdex and then checked the ingredients of the medicine. She found out that it contains Dexamethasone. She immediately reported to the Anti-Doping Wing of Bajrangi Akhada that she came in possession of the cough syrup and intends to surrender it since it contains Dexamethasone. On Thursday, the Anti-Doping Wing of the Bajrangi Akhada requested Vineeta for her urine samples, which tested positive for the presence of Dexamethasone.

The Bajrangi Akahada’s Anti-Doping Code on ‘Possession of Prohibited Substances’ states the following: “The actual, physical or constructive possession of a Prohibited Substance amounts to a violation of this Anti-Doping Code; provided, however, constructive possession shall only be found if the person knew about the presence of the Prohibited Substance and exercised control to acquire possession of it. Provided, however, there shall be no violation of this Anti-Doping Code on Possession of Prohibited Substances, if, prior to receiving notification of any kind that the person has committed an anti-doping rule violation, the person has taken concrete action demonstrating that the person never intended to have possession of the Prohibited Substance and has renounced its possession by explicitly declaring it to the Anti-Doping Wing of Bajrangi Akhada. Notwithstanding anything to the contrary in this definition, the purchase (including by any electronic or other means) of a Prohibited Substance constitutes possession by the Person who makes the purchase.”

Sources: (Extracted, added & edited) : www.wada-ama.org, www.nada.da, www.thehindu.com.

The World Anti-Doping Agency (WADA; French: Agence mondiale antidopage, AMA) is a foundation initiated by the International Olympic Committee based in Canada to promote, coordinate and monitor the fight against drugs in sports. The agency's key activities include scientific research, education, development of anti-doping capacities, and monitoring of the World Anti-Doping Code, whose provisions are enforced by the UNESCO International Convention against Doping in Sport. The aims of the Council of Europe Anti-Doping Convention and the United States Anti-Doping Agency are also closely aligned with those of WADA.

Vineeta is an international wrestler and a member of the Bajrani Akhada in Thane, Maharashtra. The Bajrani Akhada has strict rules against doping and also on possession of Prohibited Substances. It had circulated to each of its members, a list of Prohibited Substances, including the substance Dexamethasone. On Tuesday, Vineeta caught a severe cold and her doctor prescribed her a cough syrup, Cofdex. Acting on her doctor’s advice, Vineeta requested her driver to get Cofdex from the local pharmacy. Nancy, who happens to be a rival of Vineeta and also a member of the Bajrangi Akhada, saw Vineeta’s driver purchasing Cofdex from the pharmacy. Nancy knew that Cofdex contains Dexamethasone and, on the same day, made an anonymous complaint to the Bajrangi Akhada that Vineeta is in constructive possession of a Prohibited Substance. The next day, Vineeta took one dose of Cofdex and then checked the ingredients of the medicine. She found out that it contains Dexamethasone. She immediately reported to the Anti-Doping Wing of Bajrangi Akhada that she came in possession of the cough syrup and intends to surrender it since it contains Dexamethasone. On Thursday, the Anti-Doping Wing of the Bajrangi Akhada requested Vineeta for her urine samples, which tested positive for the presence of Dexamethasone.

The Bajrangi Akahada’s Anti-Doping Code on ‘Possession of Prohibited Substances’ states the following: “The actual, physical or constructive possession of a Prohibited Substance amounts to a violation of this Anti-Doping Code; provided, however, constructive possession shall only be found if the person knew about the presence of the Prohibited Substance and exercised control to acquire possession of it. Provided, however, there shall be no violation of this Anti-Doping Code on Possession of Prohibited Substances, if, prior to receiving notification of any kind that the person has committed an anti-doping rule violation, the person has taken concrete action demonstrating that the person never intended to have possession of the Prohibited Substance and has renounced its possession by explicitly declaring it to the Anti-Doping Wing of Bajrangi Akhada. Notwithstanding anything to the contrary in this definition, the purchase (including by any electronic or other means) of a Prohibited Substance constitutes possession by the Person who makes the purchase.”

Sources: (Extracted, added & edited) : www.wada-ama.org, www.nada.da, www.thehindu.com.

The World Anti-Doping Agency (WADA; French: Agence mondiale antidopage, AMA) is a foundation initiated by the International Olympic Committee based in Canada to promote, coordinate and monitor the fight against drugs in sports. The agency's key activities include scientific research, education, development of anti-doping capacities, and monitoring of the World Anti-Doping Code, whose provisions are enforced by the UNESCO International Convention against Doping in Sport. The aims of the Council of Europe Anti-Doping Convention and the United States Anti-Doping Agency are also closely aligned with those of WADA.

Vineeta is an international wrestler and a member of the Bajrani Akhada in Thane, Maharashtra. The Bajrani Akhada has strict rules against doping and also on possession of Prohibited Substances. It had circulated to each of its members, a list of Prohibited Substances, including the substance Dexamethasone. On Tuesday, Vineeta caught a severe cold and her doctor prescribed her a cough syrup, Cofdex. Acting on her doctor’s advice, Vineeta requested her driver to get Cofdex from the local pharmacy. Nancy, who happens to be a rival of Vineeta and also a member of the Bajrangi Akhada, saw Vineeta’s driver purchasing Cofdex from the pharmacy. Nancy knew that Cofdex contains Dexamethasone and, on the same day, made an anonymous complaint to the Bajrangi Akhada that Vineeta is in constructive possession of a Prohibited Substance. The next day, Vineeta took one dose of Cofdex and then checked the ingredients of the medicine. She found out that it contains Dexamethasone. She immediately reported to the Anti-Doping Wing of Bajrangi Akhada that she came in possession of the cough syrup and intends to surrender it since it contains Dexamethasone. On Thursday, the Anti-Doping Wing of the Bajrangi Akhada requested Vineeta for her urine samples, which tested positive for the presence of Dexamethasone.

The Bajrangi Akahada’s Anti-Doping Code on ‘Possession of Prohibited Substances’ states the following: “The actual, physical or constructive possession of a Prohibited Substance amounts to a violation of this Anti-Doping Code; provided, however, constructive possession shall only be found if the person knew about the presence of the Prohibited Substance and exercised control to acquire possession of it. Provided, however, there shall be no violation of this Anti-Doping Code on Possession of Prohibited Substances, if, prior to receiving notification of any kind that the person has committed an anti-doping rule violation, the person has taken concrete action demonstrating that the person never intended to have possession of the Prohibited Substance and has renounced its possession by explicitly declaring it to the Anti-Doping Wing of Bajrangi Akhada. Notwithstanding anything to the contrary in this definition, the purchase (including by any electronic or other means) of a Prohibited Substance constitutes possession by the Person who makes the purchase.”

Sources: (Extracted, added & edited) : www.wada-ama.org, www.nada.da, www.thehindu.com.

The World Anti-Doping Agency (WADA; French: Agence mondiale antidopage, AMA) is a foundation initiated by the International Olympic Committee based in Canada to promote, coordinate and monitor the fight against drugs in sports. The agency's key activities include scientific research, education, development of anti-doping capacities, and monitoring of the World Anti-Doping Code, whose provisions are enforced by the UNESCO International Convention against Doping in Sport. The aims of the Council of Europe Anti-Doping Convention and the United States Anti-Doping Agency are also closely aligned with those of WADA.

Vineeta is an international wrestler and a member of the Bajrani Akhada in Thane, Maharashtra. The Bajrani Akhada has strict rules against doping and also on possession of Prohibited Substances. It had circulated to each of its members, a list of Prohibited Substances, including the substance Dexamethasone. On Tuesday, Vineeta caught a severe cold and her doctor prescribed her a cough syrup, Cofdex. Acting on her doctor’s advice, Vineeta requested her driver to get Cofdex from the local pharmacy. Nancy, who happens to be a rival of Vineeta and also a member of the Bajrangi Akhada, saw Vineeta’s driver purchasing Cofdex from the pharmacy. Nancy knew that Cofdex contains Dexamethasone and, on the same day, made an anonymous complaint to the Bajrangi Akhada that Vineeta is in constructive possession of a Prohibited Substance. The next day, Vineeta took one dose of Cofdex and then checked the ingredients of the medicine. She found out that it contains Dexamethasone. She immediately reported to the Anti-Doping Wing of Bajrangi Akhada that she came in possession of the cough syrup and intends to surrender it since it contains Dexamethasone. On Thursday, the Anti-Doping Wing of the Bajrangi Akhada requested Vineeta for her urine samples, which tested positive for the presence of Dexamethasone.

The Bajrangi Akahada’s Anti-Doping Code on ‘Possession of Prohibited Substances’ states the following: “The actual, physical or constructive possession of a Prohibited Substance amounts to a violation of this Anti-Doping Code; provided, however, constructive possession shall only be found if the person knew about the presence of the Prohibited Substance and exercised control to acquire possession of it. Provided, however, there shall be no violation of this Anti-Doping Code on Possession of Prohibited Substances, if, prior to receiving notification of any kind that the person has committed an anti-doping rule violation, the person has taken concrete action demonstrating that the person never intended to have possession of the Prohibited Substance and has renounced its possession by explicitly declaring it to the Anti-Doping Wing of Bajrangi Akhada. Notwithstanding anything to the contrary in this definition, the purchase (including by any electronic or other means) of a Prohibited Substance constitutes possession by the Person who makes the purchase.”

Sources: (Extracted, added & edited) : www.wada-ama.org, www.nada.da, www.thehindu.com.