- (1.) RAKESH Tiwari, J. Heard the learned Counsel for the parties and perused the record.
(2.) THE petitioner has challenged the order dated 20-6-2002 passed by respondent No. 1 and the consequential order passed by the District Supply Officer dated 15-7-2002. As a result of the aforesaid orders the retail sale outlet of the petitioner was stopped on the ground of adulteration. The brief facts of the case are that the petitioner is the sole proprietor of M/s. Raghunandan Prasad & Sons and is engaged in the business of sale and supply of various petroleum products i. e. petrol, diesel oil, mobole and other lubricants. To ensure that the dealers are selling quality products, the Ministry of Petroleum as well as the Oil Companies have given rights of inspection to certain persons under Section 4 of the Motor Sprit and High Speed Diesel (Regulation of Supply and Distribution and Prevention of Malpratices) Order, 1998. The petitioner's retail outlet was inspected by the Deputy Director Anti- Adulteration Cell on 6-6-2002 without any Officer of the Oil Company. The inspection report dated 6-6-2002 filed as Annexure-4 to the writ petition, discloses that the density test at 15 deg. C. shows N. A. (No Abnormality) and the sample meets the requirements of H. S. D. as per B. I. S. 1460, in diesel and the petrol was found upto the mark.
(3.) AFTER the inspection was carried out, the petitioner immediately approached respondent No. 1 by means of representation dated 8-6-2002 with a request to send the reference sample to the test lab for simultaneous comparing with the drawn sample by the authorities so that the drawn samples can be matched with the reference sample. The petitioner also approached the District Magistrate vide representation dated 24-6-2002. He alleges that his requests were not considered.;