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2000 Supreme(All) 700

G.P.MATHUR, BHAGWAN DIN
MITTHAN LAL GUPTA – Appellant
Versus
DISTRICT MAGISTRATE, ETAH – Respondent


Advocates Appeared:
Poonam Srivastava

G. P. MATHUR, J.

( 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 repor












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