SATISH MAGANLAL VORA Vs. UNION OF INDIA

JUDGEMENT

(1.) .The petitioner herein claims to be a qualified Chemical Engineer and it is his case that by mixing Hydrocarbon liquid, like Naphtha, Methyl Alcohol and additives (trade secret), he had invented a product having brand name or trade name as "Patrex" way back in the year 1991 with the objective of evaluation of Fuel Economy and driveability benefits and that cost of this product was cheaper by Rs. 1.50.00 than average market price of Gasoline. According to the petitioner, this product Gasoline Substitute Fuel named "Patrex" was subjected to tests by the Petroleum Conservation Research Association (P.C.R.A.), New Delhi in January 1992. A copy of the evaluation report as given by the P.C.R.A., has been annexed with the petition as Exh. A at page 21. This report at item No. 4 shows that the test was set up by way of Laboratory Trial on Maruti 800 C.C. Car on Chassis dynamometer and also the Field Trial on Maruti 800 C.C. Car. The results at item No. 6 show that this product, "Patrex" gives an average of 17.47 km. per Itr. as against the average of Gasoline at 19.08 km. per Itr. indicating a drop of 8.44% in fuel efficiency. During the field trial of this product, "Patrex", it has been observed that there was acute problem of vapour locking, hot startability and idle performance was extremely poor, irregular acceleration and that the product gave high Residue on Evaporation (R.6.E. Value-6) and against the requirement of 4 Max. as per IS : 2796 and it also gave high value of potential gums and have mixture of lighter components (92%) of the product distilled between 46-70 degree C. It is also the case of the petitioner that this product, "Patrex" was also subjected to test by Bharat Petroleum Corporation Ltd. (B.P.C.L.), and a copy of the test certificate has been enclosed with the petition as Exh. B at page 22. This test certificate at Exh. B dated 13th May 1994 certifies at the bottom that, "PRODUCT MEETS IS: 2796 SPECIFICATION except in Colour". This test certificate has been signed by the Senior Quality Assurance Manager of B.P.C.L.. The petitioner has also placed on record a copy of me letter dated 28th June, 1994 sent by the B.P.C.L., to the Editor of 'The Times of India' with reference to a press report which was published in 'The Times of India' dated 24th June, 1994 with a caption, "Substitute for Petrol developed". It has been mentioned in this letter that this report gives an impression that as per the certificate issued by the B.P.C.L., "Patrex" could be used as a substitute for Petrol (Motor Spirit). In this letter, the B.P.C.L., has admitted the fact that samples of "Patrex", as provided by M/s. Patrex Fuels India Ltd. were tested by B.P.C.L., and the test results forwarded to them, but it could not be construed as a certificate issued by B.P.C.L., for use of "Patrex" as a substitute for Motor Spirit, Certification of a new product as a substitute for an existing one like Motor Spirit is a very elaborate process involving extensive tests and trials and can be undertaken only by organisations like the Petroleum Conservation Research Association or the Indian Institute of Petroleum. In the end, a request has been made to the Editor of 'The Times of India' that, "in the interest of customers using Motor Spirit, please publish this clarification in your esteemed newspaper as prominently as the original Press Report."

(2.) . The petitioner's case is that while his product has withstood the test by P.C.R.A. and B.P.C.L., including the certificate that this product meets IS : 2796 specification except in colour, the petitioner has his Factory for this product, situated at Plot No. 2111, G.I.D.C. Area, Sarigam, District Valsad and has the necessary registration certificate. Storage licence, N.O.C., by the Addl. District Magistrate, Valsad under sub-rule (1) of Rule 144 of the Petroleum Rules, 1976, N.O.C., by Pollution Control Board, licence by the Supdt. of Prohibition under the Bombay Prohibition Act, 1949 for purchase, possession and use of Methyl Alcohol for manufacture of Patrex motor fuel and the registration certificate given by the Sales Tax Officer under the Sales Tax Department, Maharashtra, but it has been pointed out by the petitioner that such registration certificate in favour of the petitioner has also been issued by the Sales Tax Officer of the Sales Tax Department of the Government of Gujarat.

(3.) . On 18th February, 1998, the petitioner had to file Special Civil Application No. 1326 of 1998 seeking a declaration from this Court under Art. 226 that the product, "Patrex" is not covered under the Essential Commodities Act. This Special Civil Application was decided and dismissed by this Court on 3rd August, 1998. In this Special Civil Application, the Court observed that it was a technical matter and the petitioner may file a suit, if deemed fit and by leading technical evidence, he may get necessary declaration from the competent Court and this was an aspect which cannot be gone into in writ jurisdiction. The petition was accordingly rejected and the notice was discharged. The operative part of this order is reproduced as under :