RAMA NANDSHARMA Vs. COMMISSIONER BAREILLY DIVISION BARIELLY

JUDGEMENT

(1.) Heard Sri Ramendra Asthana for the petitioner and learned Standing Counsel for the respondents. Petitioner is dealer of High Speed Diesel Oil. A checking was made and sample was collected at his premises on 9.8.2004 and testing report was submitted on 15.2.2005, i.e., after more than six months, reporting deficiency therein. District Magistrate issued an order of suspension on 10.7.2005 and after receiving reply of the petitioner dated 29.7.2005, petitioner's licence was cancelled by order dated 19.9.2005 by District Supply Officer which was affirmed in appeal by order dated 13.8.2007.

(2.) Sri Asthana, learned Counsel for petitioner submitted that the Government Order dated 6.6.2000 refers and reiterates the earlier Government Order No. 1459/29.7.1997-731 PP dated 25.4.1997 providing that the sample collected at the dealer's premises should be tested within ten days since delay therein may effect testing results adversely. The Government Order required all the District Magistrates for strict compliance of the said time frame. In the case in hand the sample was collected on 9.8.2004 and was sent to Director, Forensic Laboratory, Agra by District Magistrate, Budaun on 25.8.2004. The testing report was issued on 15.2.2005 showing adulteration in the sample.

(3.) Referring to a similar kind of Government Order, this Court in Rinku Oil Company v. State of U.P. and another,2003 1 FLR 389, observed as under: