TOTALA AUTO SERVICE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD the learned counsel for respective parties.

(2.) IN all these writ petitions, the corrigendum issued by Government of Maharashtra dated14th July, 2000, is under challenge. This corrigendum modifies the Clause Nos. 7 and 8 of the circular issued by the Government of Maharashtra on2nd March, 2000. The original circular is guidelines for the enforcement/implementation of the provisions of the Motor Spirit and High Speed Diesel (Regulation of Supply and Distribution and Prevention of Malpractices) Order, 1998. Clause Nos. 7 and 8 of the original circular are to the following effect. "7. IN order to check complaints or adulteration, the inspecting officials will first test the quality of product and density of the product at the retail outlet itself in the presence of dealer with necessary equipments such as hydrometer, thermometer which are available at the retail outlet and only if density is not found in order then samples should be drawn. 8. When density fails for laboratory testing of product, the officers shall take three samples of 75 ml. to 1 litre. each of the product. The samples should be sealed carefully in proper containers and one sample be given to the concerned dealer/transporter. "

(3.) THE grievance of the petitioners is that, there is no protection to the dealers in case of any supply by Petroleum Companies which is off specification or adulterated one. THEir further grievance is that, earlier procedure was to the effect that, authorised officer should test the density, and only if density is not found in order, then he should take the samples. According to the petitioners, the requirement in the modified clause that apart from the density, authorised officer may look to the other particulars, is not a proper condition. THEy further submitted that Schedule 1 of 1998 order shows the several specification apart from the density criteria and all those cannot be tested at Petrol Pump level. THE Petroleum Dealers are put up to adverse condition because they can not have such type of Laboratory at Petrol Pump in order to verify whether the supply of the product is as per the specification and, therefore, the petitioners have insisted that the samples be taken as per earlier clause 7 and i. e. only if the density is not found in order, as required, the samples shall be taken.