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2004 Supreme(J&K) 297

S.K.GUPTA
Daljit Singh – Appellant
Versus
State – Respondent


Advocates Appeared:
Advocate For Appellant: Rakesh Sharma
Advocate For Appellant: Sudershan Sharma
Advocate For Respondent: B.S. Salathia
Advocate For Respondent: M.P. Kapoor

Objections have been filed.

Petition is admitted to be heard.

1. Learned counsel for the respondents submit that objections already filed be treated as counter. On the consensus of learned counsel appearing for the parties, the petition is taken up for final disposal.

2. Petitioner was appointed as dealer by respondent No. 2, Bharat Petroleum Corporation Limited for running an outlet under the name and style of Bharat Motors and Cycle Company, Below Gumat, Jammu. It appears that the officers of Consumer Affairs and Public Distribution Department visited the retail outlet of the petitioner on 20.2.2003 and lifted Motor Spirit and High Speed Diesel samples. Respondent No. 1 got the samples tested on 19.4.2003 from Directorate of Forensic Science Laboratory, Jammu. Accordingly report No. 284/FSL dated 19.4.2003 was prepared which discovered that Exhibit No. K-112/2003 was identified as an admixture of Diesel and Kerosene oil. Based on this report, respondent No. 1 shot of an communication dated 1.5.2003 to respondent No. 2, thereby requesting him to take action against the petitioner. Further submission of the petitioner is that, since the report prepared by respondent No. 3 was on the f




























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