Binod Kumar Roy and R. K. Singh, JJ. - (1.) The petitioners have come up with prayers to (i) declare Sections 39. 60 and 61 of the Standards of Weights and Measures (Enforcement) Act, 1985 (hereafter referred to as the Act) as unconstitutional and void and (ii) restrain the respondents from prosecuting them for violation of the aforementioned provisions of the Act.
(2.) Petitioner No. 1 claims itself to be representative body of the dealers of petroleum products in our State, duly registered with the Registrar -Chits, Firms and Societies, U. P., Lucknow and its registered office at Kanpur. Petitioner No. 2 is a petrol pump owner and dealer appointed by the Indian Oil Corporation situate at G. T. Road, Bamrauli, Allahabad. The Pleadings:
(3.) Shortly put the case of the petitioners is to this effect : The petrol and diesel supplied by the Oil Companies, are stored in an underground tank from which retail supply is made through a measure which is a mechanical process through machines, manufactured by leading manufacturers (1) M/s. Larson and Toubro and (2) M/s. Mercantile and Industrial Company Limited, which are maintained by them ; according to the Brochures issued by the aforementioned manufacturers (as contained in Annexures-1 and 2) there are five causes for inaccurate measurements, namely, (i) Improper adjustment of the calibrating wheel ; (ii) Swollen 'O' ring GM 50002 ; (iii) Worn sealing surface, i.e., valve, valve seal and valve seat ; (iv) Worn piston cups, and (v) Inaccurate test can ; these machines are beyond the control of the petitioners, besides the faults can occur at any point of time : at the time of installation of these machines variation of a range up to 0.6%, and while delivering 5 litres of oil variation between 4.86 litres to 5.16 litres, i.e., 0.3% have been found, which is apparent from the test checks carried out by the manufacturers, as contained in Annexures-3 and 4 ; the Government being alive to these natural variations, has been issuing Orders dated September, 5, 1977 and September 5, 1975 (Copies appended as Annexures-5 and 6) to the effect that a dealer should not be prosecuted merely on account of variations unless there are solid reasons or proof of dishonesty ; the legislation in question is a new one : Sections 39 and 60 of the Act are totally unreasonable and they infringe upon their fundamental rights under Article 19 (1) (g) and Article 21 of the Constitution of India and the presumptions mentioned in Sections 60 and 61 of the Act per se imposes wholly unreasonable restriction on the fundamental rights of the petitioner to carry on their trade, business and occupation as guaranteed under Article 19 (1) (g) of the Constitution.;