NRL ENERGY STATION NAZIRA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. AD Choudhury, learned counsel for the petitioner and Ms. M Bhattacharjee, learned Additional Senior Government Advocate, Assam for the State respondents.

(2.) The petitioner was licensed by Bharat Petroleum Corporation Limited (BPCL) and on the basis of the said licence she was running her petrol depot at Nazira. M/s BPCL through its engineering department directed its registered vendor M/s NK Enterprise for carrying out modifications and upgradation of the tank and other works in respect of the said petrol depot, M/s NRL Energy Station. After completion of the said work necessary standardisation of the dispensers and the readings of the meters thereof dispensing petrol in the said depot was carried out by the Metrology department at Sivasagar and to that effect a certificate was issued in favour of the petitioner. On 26.07.2018 the Sub-Divisional Magistrate cum Additional Deputy Commissioner, Nazira Sub-Division sealed the petrol dispensers of three dispensing units for investigation/corrective measures. On 14.08.2018 the Forensic Science Laboratory (FSL), Guwahati submitted the analytical report of the samples of the said petrol depot opining about water contents present in the said samples. On 08.09.2018 the Inspector of Food and Civil Supplies Consumer Affairs, Nazira lodged an FIR against the petitioner before the Nazira Police Station. The Nazira Police seized two documents which includes the forwarding report and the analysis report of the FSL, Guwahati. On 13.12.2018 the Nazira police submitted charge-sheet before the court of Sub-Divisional Judicial Magistrate, Nazira. It would not be out of place to mention here that M/s BPCL through its letter dated 15.09.2018 informed the petitioner the cause of presence of water in the sample examined by the FSL, Guwahati as follows:-

(3.) The said action on the part of the respondents is challenged before this court in this writ petition stating that the impugned action is without jurisdiction and in contravention of the Essential Commodities Act, 1955 and the Assam Trade Article (Licence and Control) Order, 1982.