- (1.) THE issue involved in this petition is covered by the judgment of this Court in Kishore Auto Sales and Ors. v. Bharat Petroleum Corporation Ltd. Varanasi and Ors. reported in, 2010 (6) ADJ 711 (DB). The specific issue raised is whether the marker test was the fool proof test. That issue was issue No. 3 in para 8 and that has been answered in para 21 of the judgment.
(2.) LEARNED Counsel states that the Petitioners have raised an issue that there is no finding recorded as to why the marker test was withdrawn and this is an issue, which has to be answered. We find that aspect was also considered by the learned Division Bench, which can be seen from Para 23 of the judgment in terms of the affidavit filed before Delhi High Court. In the affidavit, it was set out that "Amongst the various reasons it was stated that complaints had been received that it was possible to launder/remove or clear such marker from kerosene. Thus, it was not that the test was defective but because it was found that initially it was quite effective in detecting adulteration in petrol and diesel but subsequently as human brain was very inventive, complaints had been received that it was possible to remove the existing marker from the kerosene." In our opinion, the above observation itself is speaking and the learned Division Bench has extensively quoted from the said judgment.
(3.) THUS the judgment in Kishore Auto Sales and Ors. (supra) being subject matter of Special Leave Petition with the Hon'ble Supreme Court, has been dismissed vide order dated 09.08.2010.;