speed diesel from the
2
retail outlet of the petitioners for marker test. Relying on a decision of Tarun Kr.
Halder and Ors. Vs. State ... marker on finding the chemical marker will make the column 'pink' (Pink Band)
i.e. the sample product is positive for marker
products had passed the tests, testing of diesel
on analysis has shown 'P' (Pink) on the marker and, therefore, has failed the test ... Companies authorized conducting of
marker test and in the present case, test was conducted in accordance therewith.
The test report prepared at the retail outlet
products had passed the tests, testing of diesel on analysis has shown 'P' (Pink) on
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the marker and, therefore, has failed ... test when he
can demand that the sample kept with him also be tested. According to him, the sealed sample
sent for laboratory test
further argued that as per Clause 4.52 of the tender, a Marker Test
had to be done in the presence of the transporter, which requirement ... agreement, which provides for testing for marker,
clearly mentions that the Marker Test is currently not applicable and
the said clause shall be applicable
Petroleum and Natural Gas (MOPNG) had decided to adopt the marker test
with the objective of preventing diversion of PDS kerosene for adulteration of
Motor ... marker, being a
chemical substance, was mixed/blended in trace amount at the
depot/installation level in PDS kerosene and thereafter if the marker test
Marker Test then the last "retained tank lorry
samples" kept at the retail outlet shall be tested for Marker Test and such test ... present at the test venue if they so desire for
witnessing the testing. It was further stated therein that Marker test is
currently not applicable
retail outlet of the petitioner which have been then sent for marker
testing at the Mourigram terminal of the Indian Oil Corporation
Limited.
Sri Garai ... learned Counsel points out that the marker testing
of the samples was conducted in presence of all, including the
representative of the petitioner. From
tanks of HSD as
well as MS and without conducting Marker Test in a proper manner, came to a
preliminary finding that the High Speed ... Columns for carrying out Marker
Tests at the Terminals, Depots and Retails Outlets including testing for presence
of marker. Learned Counsel then submitted, with reference
outlet. On December 27, 2007 such authorised agent performed a
marker test on the petrol at the outlet and the sample tested indicated
adulteration ... signed the
testing of retention samples in laboratory ... before the marker test of (the retail
outlet) sample at Haldia laboratory" was conducted, the objection
agents
of the Oil Company had conducted a marker test of the
diesel from tank no.1 of the petitioner's outlet, and
adulteration ... BPCL in the said diesel
dispensed out of the DU. The marker test found more
than one per cent of kerosene in the fuel
