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Showing contexts for: marker test in Habba Khatoon Filling Stations And Ors. vs Union Of India (Uoi) And Ors. on 6 August, 2007Matching Fragments
With the consent of learned Counsel for the parties, these petitions were thus taken up for joint consideration.
FACTS:
2. Facts necessary for the disposal of these petitions, which have been taken mainly from OWP No. 281 /2007, read thus:
The case of the petitioners in these two writ petitions is that with the coming into force of the Motor Spirit and High Speed Diesel (Regulation of Supply, Distribution and Prevention of Malpractices), Amendment Order 2007 And Kerosene (Restriction on Use and Fixation of Sealing price) Amendment Order 2007, the respondents introduced a Marker System to check adulteration in auto fuels. This Marker System envisaged introduction of MARKER in Kerosene on All India basis. In order to determine the presence of a Marker in Kerosene, MS and High Speed Diesel and other petroleum products, a "Test Kit" was devised by the respondents. This Test Kit would accordingly find out the presence or otherwise of the Marker in the Petroleum products when a sample of the product was taken for its check. The Oil Marketing Companies had after thorough discussion formulated Marker Test Procedure, which had been forwarded to all State Retail Heads on 30th of March, 2007. The Marker Testing procedure dated 30th of March, 2007, provided the procedure for observing Marker Testing Procedure at the Retail out lets. In case the test passes, action will be taken against the Retail Out Let dealers as per Marketing Discipline Guidelines.
4. The grievance of the petitioners, in nutshell, is that without providing Test Kits to them, the respondents had started undertaking the Marker Test of the Retail out lets of the dealers. This, according to them, had caused harassments and given them cause to approach this Court to seek a mandamus on to the respondents to provide them Marker Testing Equipment and to refrain from conducting Marker Test at the retail out lets of the dealers of the petitioners till such time Market Testing Equipment was not provided to them. The petitioners rely upon various news paper cuttings, projecting that the respondents had backed out from their assurance to provide them Test Kits.
9. Giving the aforesaid background of the introduction of the Marker system, the Oil Companies say that writ petition does not raise the infraction of any fundamental right and, would not thus be maintainable. They have denied the plea of the petitioners that conducting of Marker Tests, without supplying the Testing Kits to the dealers, would harass them. It is submitted that the procedure of the Marker system was transparent and judicious, which provides adequate safeguard to innocent dealers. Giving the details of the Marker test conducted up to 30th of April, 2007, the Oil Companies say that approximately 17000 marker tests were conducted and only 13 samples of the dealers had failed. The Oil Companies thus demonstrate that adulteration by addition of Kerosene had been curtailed. The plea of the petitioners that assurance was given by the Oil Companies to the federation of All India Petroleum Dealers Association, has been denied as incorrect. The Oil Companies further say that the three tier sampling system as also the sampling system provided for Marker Test protects the innocent dealers. The dealer always possesses with him the sample of the product, which he receives in his tank, The plea of the dealers for seeking supply of Testing Kit to them, in view of the existing fair system employed by the Oil Companies, was unjustified and misconceived.
12. Learned Counsel was emphatic is saying that Oil Companies had not at any time extended any enforceable assurance either to the petroleum product transporters or to the Retail out let dealers to provide Marker Testing Equipment. He, however, added that a tentative view point of the Oil Companies that the Marker Testing Equipment should be provided to the Retail out let dealers, was not accepted for there was every possibility of the equipment falling into the hands of unscrupulous elements, which would have facilitated them in developing Antidote to the chemical substance introduced in the Marker Test, which would in turn have the effect of frustrating all the efforts which the Central Government and all the Companies had been making to deal effectively with the menace of adulteration in the petroleum products. Learned Counsel submits that it was thus finally decided that the companies would not supply Marker Test kits to the dealers.