BIRENDRA KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner, learned counsel for the State and also learned counsel for the Bharat Petroleum Corporation Limited.

(2.) Petitioner has filed this writ application for a direction to the respondents to remove the seal put on the locks of the office, fuel tanks, fuel measurement meter etc. of the petrol pump of the petitioner with the name and style of "M/s Yuvraj Filling Station" situated at Litiyahi, Police Station, Pipra in the district of Supaul.

(3.) As per the first information report, petrol pump in question of the petitioner was raided on the confidential information that high speed diesel being sold through outlets were being adulterated with kerosene oil. Samples of diesel were collected from the petrol pump and the petrol pump was put under seal and lock. At the time of search and seizure, a tanker was also standing on the petrol pump carrying kerosene oil on account of which it was suspected that the same was unloaded and mixed with kerosene oil for adulteration. Samples of high speed diesel were, later on, sent for testing to the Quality Control Laboratory of Bharat Petroleum Corporation Limited, the company of which petitioner's petrol pump was a retail outlet.