Hon’ble Sushil Harkauli, J.—Heard Shri U.N. Sharma, Senior Advocate, assisted by Shri Vishnu Gupta for the petitioners, Standing Counsel for respondent No. 1 and Shri Prakash Padia for respondents No. 2 to 4 and perused the record.

2. The petitioner No. 1 is a petrol pump and petitioner No. 2 is the Proprietor of the said petrol pump. This retail outlet is of the Indian Oil Corporation (called the ‘Corporation’ for short hereinafter).

3. The Corporation has given the agency to the petitioners under a written agreement. On 29.4.2008, the officials of M/s. S.G.S. India Pvt. Ltd. visited the retail outlet of the petitioners for conducting ‘marker test’.

4. It may be mentioned here that ‘marker’ is a chemical mixed with Kerosene oil to prevent adulteration of other petroleum products by mixing them with subsidized low cost Kerosene oil. The testing of petroleum products by marker test makes the testing item turned pink if marker is present in the petroleum products.

5. In the petitioners’ case the HSD (High Speed Diesel) and Xtra mile sample drawn from the petitioners’ retail outlet failed in the marker test, i.e. these items were found adulterated with marker mixed Kerosene oi