CHAMPAWAT KISAN SEVA KENDRA Vs. UNION OF INDIA

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) THE petitioner is aggrieved against the action of the respondents no. 2 and 3, who have stopped supply of petroleum product to the petitioner without passing any order on the ground that the respondents found that the petitioner was involved in selling adulterated petroleum product.

(3.) ON merits, learned counsel for the respondent vehemently submitted that the petroleum product in the tanker of petitioner was found adulterated by a Marker Test, which was conducted in the presence of the petitioner by the officers of the respondent company. It is also submitted that petitioner did not keep the sample in good condition and his sample was returned by the lab on the ground that sample's seal was not properly affixed, rather to say that "not sealed sample", which could have been tested by the lab. Learned counsel for the respondent also submitted that in that situation it was the duty of the respondent company to stop the supply of the petroleum product to the petitioner forthwith so that he may not sell the adulterated goods to the public. Learned counsel for the respondent also submitted that petitioner himself was responsible for the adulteration, which is proved from the marker test. The respondents in their reply gave complete procedure, which is adopted for supply of the petroleum product, its taking sample and further under what circumstances, the supply of petroleum product can be stopped.