SWARAPCHANDJAIN Vs. STATE OF BIHAR

JUDGEMENT

(1.) In this writ application, the petitioner has challenged the impugned orders contained in Annexures 4 and 5, namely, the orders passed by the District Transport Officer and the Appellate Authority dated 3.6.1992 and 21.10.1992, respectively. By the impugned order passed by the District Transport Officer dated 3 6 1992. the licence granted to the Petitioner under the provisions of the Bihar Motor Spirit & High Speed Diesel Oil Dealers' Licensing Order (hereinafter referred to as "the Licensing Order") has been cancelled and the same has been affirmed by the order passed by the Transport Commissioner, the appellate authority, on appeal preferred by the petitioner.

(2.) The petitioner is carrying on business as a dealer under the Licensing Order having Licence No 8/1970 in the name and style "M/S Jain Petrol Supply Company". He carries on business as a dealer of petrol and diesel since the year 1970 and the licence fee for the year 1991-92 was deposited within time vide challan No. 15 dated 14.12.1990 and challan No. 53 dated 27.12.1991 and after depositing the necessary licence fees, the petitioner filed an application in the office of the District Transport Officer, the licensing authority, for renewal of his licence. It was not communicated to the petitioner that his licence for the year 1991-92 had not been renewed.

(3.) On 7.2.1992 inspection of the petrol pump in question was made by the Executive Magistrate, Gaya, along with the Supply Inspector and the Deputy Controller, Weights and Measures, at about 5 P M A dip-rod method was used by the authorities for the purpose of measuring the petrol and diesel available in the tank in the petrol pump A difference was found between the opening stock mentioned in the Stock Register of petrol and diesel and the stock of petrol and diesel available in the tank of the petrol pump to the tune of 1033 litres of petrol and 304 litres of diesel. Accordingly, the petitioner was directed by an order dated 7.2.1992 under the signature of the Executive Magistrate and the Deputy Controller of Weights and Measures to close the sale of petrol and diesel and subsequently a first information report was lodged against the petitioner under Section 7 of the Essential Commodities Act. At the time of inspection, the Manager and the representative of the petitioner were present and they assisted the Executive Magistrate at the time of inspection The Stock Register, Cash Memos, etc., were produced. A copy of the prosecution report has been enclosed as Annexure-1.