- (1.) SENGUPTA, J. : This appeal is against judgment and order of dismissal of the above writ petition of the learned Single Judge. It appears from the records that when the writ petition was filed the original respondent nos. 1 and 2 were made parties as their offices were found in existence. Thereafter, these offices were closed by the Government for good. Consequently, their names have been deleted from the array of the parties. From the pleadings it appears that the case made out by the appellants/ writ petitioners before the learned Trial Court is that the first writ petitioner is a partnership firm with the other writ petitioners who are partners thereof. The first writ petitioner has been carrying on business as a dealer of petroleum oil products which include lubricating oils, petroleum and diesel fuel. As such, the first writ petitioner is a dealer of the respondent. Hindustan Petroleum Corporation Limited (hereinafter referred to as the said Corporation), first respondent. The first writ petitioner has various places of business viz. at 236, A. J. C. Bose Road, Kolkata, Bongaon, 24-Parganas (North), Chakdaha, Nadia. It has also its godown at 29/1b, b. T. Road, Kolkata-700 002. The said Corporation, supplies stocks of oil for selling to the customers from their various pumping stations. On 30th july, 2002 a team of officers from the Anti-Adulteration Cell, Eastern regional Office, led by the Deputy Director of the above Cell, visited the godown of the petitioner at 29/1 B, B. T. Road, Kolkata-700 002. The said team observed, on inspection, unaccounted bulk lubricants contained in the three tanks with no valid documents for procurement of the same. It was informed on the following date i. e. on 31st July, 2002 that the samples would be drawn from the said tanks by the inspecting team. On the 31st july, 2002 when the said team came again for drawing samples necessary documents were produced before them to explain that the stocks were validly procured and there cannot be any discrepancy. On 30th July, 2002 an order was passed suspending the first petitioner from selling petroleum products. On 31 st July, 2002 after going through the documents the Deputy director revoked and/or withdrew the sale suspension order. The said officials, on the said day, asked the petitioner to submit product-wise last audited stock of all products within certain time limits and the tanks and godown calibrated and maintain calibration chart at the godown. The samples were drawn as usual and the said tanks were sealed for examination. The petitioner duly sent thereafter a copy of the auditor's report for lubricating oil stocks kept at the said godown. On 9th August, 2002 the petitioner received a letter dated 13th August, 2002 from the deputy Director containing allegation of irregularity and discrepancy in the statements given on the date of inspection. The petitioner duly replied to the same explaining that there was no discrepancy in the records maintained by the petitioner with regard to purchase of stock of lubricating oil and/or greases and/or sale thereof. Again on 9th September, 2002 some persons of Anti-Adulteration Cell visited the head office of the petitioners and threatened that stern action would be taken against the petitioner for violation of the direction and stipulation recorded in the letter dated 13th August, 2002 written earlier by the Deputy Director. Such threat is without any authority of law inasmuch as the allegations made in the letter dated 13th August, 2002 of the Deputy Director has been duly replied to by the petitioner. The aforesaid raid and inspection were conducted to harass and disturb the petitioner as there was no cogent reason for doing so. The Anti-Adulteration Cell, Ministry of Petroleum and Natural Gas had no authority to question running of the petitioner's business under licence granted under order of 1967 or to call upon the petitioners to produce books of accounts and other documents. They do not have any jurisdiction nor authority to issue any direction of any nature whatsoever with regard to the business of the petitioner as a dealer of lubricating oil and greases under order of 1967. The storage and seizure conducted by the officers of the Anti-Adulteration Officer, Ministry of Petroleum and Natural Gas and also the directions given by them with regard to the manner in which the petitioners should carry on their business of lubricating oil and greases under order, 1967 is without authority of law and colourable exercise of power. On or about 14th September, 2002 an inspecting team from the same Cell consisting of Deputy Director and other officials, visited the petrol pump of the petitioners situated at 236, A. J. C. Bose Road, kolkata- 700 020 and started inspecting dispensing units thereat on the allegation that operational system of dispensing units had been tampered with. The inspection team came to the purported conclusion that the seals of all the dispensing units had been tampered with. The totalizer weights and measures were not present. There was a shortage of more than 3000 litres of both Unleaded Petrol Lubricants (UPL) and High Speed diesel (HSD) in the fiscal stock and the stock mentioned in the daily sales record books maintained by the dealer. A report was prepared after the inspection and a copy thereof handed over to the petitioners. On 14th september, 2002 the petitioner was served with a letter issued by the senior Sales Officer of the said Corporation intimating the petitioner that in view of the findings of the inspecting team of Anti-Adulteration Cell, ministry of Petroleum and Natural Gas Sales from the dispensing units at the petrol pump should be suspended forthwith. By the letter the petitioners were advised to get dispensing units re-calibrated and re-stamped by the department of Legal Metrology, Government of West Bengal, and submit the calibration certificate so as to enable the said Corporation to take further necessary action in the matter. Pursuant to the said advice the petitioner contacted the said Department of Legal Metrology and got dispensing units recalibrated and restamped. On 14th September, 2002 sale from the said dispensing units at the petrol pump was suspended. The above order of suspension is without authority of law as the said corporation cannot suspend sale through the various dispensing units and the petrol pump as mentioned in the letter dated 14th September, 2002. That apart no opportunity of hearing was given by the said corporation before taking the said purported decision to suspend sale. The same being in violation of principle of natural justice is a nullity. The said impugned order of suspension was passed upon non-application of mind. After receipt of the necessary report from the Inspector of Legal and Metrology Department the same was produced before the Chief regional Manager of the said Corporation and he was requested to permit the petitioner to resume business of petrol pump. Thereafter, in the evening of 17th September, 2002 the petitioner received a letter dated 16th september, 2002 from the Chief Regional Manager of the said Corporation calling upon the petitioners to give their explanation to the purported irregularities notice of 14th September, 2002 when the petrol pump was inspected by the said officials of anti-adulteration team. The said notice to show-cause dated 16th September, 2002 was also issued without any application of mind. There was no necessity to issue such notice nor there was any factual basis for issuance of the same. From the inspection report dated 16th September, 2002 prepared by the Inspector of Legal Metrology and also pump maintenance report dated 16th September, 2002 it is clear that all the dispensing units were in order and there was no tampering and irregularities as purportedly reported on 14th September, 2002 by the said officers. Till date illegal order of suspension of sale through the dispensing units has not been revoked resulting in the petitioners' suffering from loss of business and prejudice.
(2.) UNDER the order of 2000, the petitioners are required, inter alia, to maintain true and correct accounts of purchase, sale and storage of oil at the Premises No. 236, A. J. C. Bose Road, Kolkata. Any officer in the department of Food and Supplies of the Government of West Bengal, not below the rank of a Sub-Inspector, or any Police Officer not below the rank of an Assistant Sub-Inspector, may, with a view to securing compliance of the provisions of order of inspection for any stock of oil belonging to or under the control of any licensee enter and search any go-down or premises or places. The officers of Anti-Adulteration Cell under the Ministry of Petroleum and Natural Gas do not have authority to enter into any petrol pump for the purpose of inspecting any book or document or account of any stock of oil. The said Corporation does not have power to call upon the petitioners to explain alleged discrepancies found between the actual stock and stock mentioned in the books of accounts at the time of the purported inspection carried out by the Inspecting team of Anti-Adulteration cell on 14th September, 2002. The said Corporation is acting without jurisdiction in calling upon the petitioners to explain alleged irregularities found between actual stock and stock mentioned in the books of accounts at the time of purported inspection which was carried out by the inspection team of Anti-Adulteration Cell on 14th September, 2002. The Anti-Adulteration Cell exceeded its power or authority while exercising power under the Act of 1976 and/or Act of 1985. Under the said two Acts the controller of Department of Legal Metrology, West Bengal is empowered to take action. Neither Anti-Adulteration Cell nor the said Corporation can pass any order restraining the petitioners from operating the petrol pumps for alleged violation of provisions contained in the Act, 1976 or in the Act, 1985 and the order of 2000 and/or for any reason whatsoever.
(3.) THE alleged shortage occurred due to leakage in the underground pipe of unleaded petrol storage tank and as a result thereof a substantial quantity of oil was lost. It is thus obvious that there is bound to be discrepancy in the actual stock in the tank and stock mentioned in the books of account. The aforesaid information of leakage in the underground pipe of unleaded petrol storage tank was communicated to the said corporation and the repairing work of the pipe has been made by the said corporation in or about 6th August, 2002. From time to time Hindustan petroleum Corporation Limited visited the petrol pump and checked the actual stock in the tank and stocks mentioned in the books of account and found legally permissible discrepancy in the actual stock in the tanks of both high speed diesel and unleaded petrol and the stocks mentioned in the books of accounts.;