The absence of provisions for re-testing or re-analysis of samples in the relevant control orders and the prevailing effect of the 1990 Control Order over previous orders of State Governments.

( 1 ) THE petitioner is a petty diesel dealer and holds a licence under U. P. High Speed Diesel Oil and Light Diesel Oil (Maintenance of Supplies and Distribution) Order. 1981 (hereinafter referred to as 1981 Control Order) for retail sale of diesel. He is a "dealer" as defined in clause 2 (d) of the Control Order. A sample of diesel was taken from his business premises by an inspection team which consisted of a Sub-Divisional Magistrate, a Supply inspector and some other employees of the supply department on 22. 12. 1998. A notice dated 12. 8. 1999 was served upon him stating that the sample taken from his business premises on 12. 8. 1998 was analysed by forensic Science Laboratory. Agra, which had submitted a report that the sample did not conform to the standards fixed by the indian Standards institution and was found to be adulterated with kerosene. He was required to show cause why his licence may not be cancelled on the aforesaid ground. The petitioner claims that he gave an application to the Collector. Etah, praying that third portion of the sample, which had been given to him in a sealed container, may be analysed as he doubted the correctness of the report of the Forensic Science Laboratory, Agra. The Collector, Etah, by his order dated 13. 10. 1999 cancelled the licence of the petitioner and forfeited the security amount in favour of the State. The present writ petition has been filed praying that a writ of mandamus be issued commanding the respondents to get the third portion of the sample which had been taken from his business premises on 22. 12. 1998 be re-analysed from the Forensic Science Laboratory. Agra. A further prayer has been made that the respondents be restrained from interfering with the petitioners business till the report of analysis of the third portion is received from the laboratory.

( 2 ) MRS. Poonam Srivastava, learned counsel for the petitioner has urged that though the sample was taken on 12. 8. 1998 but the report of the Forensic Science Laboratory, Agra, was sent by its joint Director on 22. 7. 1999 which showed that the sample had been analysed after almost 7 months and during this period it may have undergone a change. She has further urged that it is likely that sample sent for analysis may have got mixed up with other samples which resulted in a wrong report and, therefore, the prayer made by the petitioner for a fresh analysis of the third portion of the sample, being retained by him, ought to have been granted by the authorities. Learned standing counsel has urged that the mere fact that the report of the analysis was received along with a covering letter of the Joint Director of the Laboratory dated 22. 7. 1999 did not itself mean that the analysis had been done after 7 months. He has also urged that diesel being a petroleum product cannot undergo a change merely by lapse of time and it could not show presence of kerosene even if the analysis is done after a long period. He has further contended that there is no provision for a fresh analysis of the third portion of the sample under the Control order dealing with the subject and, therefore, the prayer made by the petitioner cannot be granted.

( 3 ) IN order to appreciate the contentions raised. It is necessary to mention the reasons which impelled the State Government to introduce the system of appointment of "petty diesel dealers". The State Government issued an order laying down guidelines for appointment of petty diesel dealers for sale of high speed diesel in retail on 16. 9. 1987. The order recites that the retail outlets of Government oil companies for sale of diesel are normally situated in all the cities, but there are no retail outlets in rural areas due to which the consumers, specially the farmers, face considerable hardship in carrying diesel from the cities to their homes or fields and this was having an adverse impact on agricultural operations. The State Government had accordingly taken a decision that