The court emphasized that inspections of petroleum transport do not violate rights if conducted within legal bounds, and the burden of proof lies on the petitioner.

JUDGMENT

1. The Petitioner claims that it is engaged in the legitimate business activities, including transportation of Light Diesel Oil/Heating Oil/Industrial Fuel Oil, which are classified as Petroleum Class ‘C’ Category and that no license is required for the transport or storage of such petroleum up to 45,000 litres as per Section 7 (ii) of the Petroleum Act , 1934.

2. The Petitioner has filed this Writ Petition seeking direction to quash the proceedings, seizure, or action initiated/to be initiated by the Respondents against the Petitioner in relation to the transportation of Light Diesel Oil up to 45,000 liters and direction to the Respondents not to harass the Petitioner.

3. The contention of the learned Counsel for the Petitioner is that, though the Respondents seized the products alleging that they are High Speed Diesel, the item tested is found to be not High-Speed Diesel in Ext.P9 Report of the Chemical Examiner. The authority which issued Ext.P9 is not a designated authority.

4. The learned Government Pleader advanced contentions with reference to the Statement of the Respondent No.5 produced along with the Memo dated 06.03.2026 that the Police have been conducting only routine inspections to verify whether the Petitioner has been transporting any licensed items without a license, and the Respondent Police have not been harassing the Petitioner in any way.

5. This Court cannot grant a blanket order quashing the proceedings, seizure, or action initiated/to be initiated by the Respondents against the Petitioner in relation to the transportation of petroleum products. It is for the Respondents to confirm that the Petitioner has not been transporting any item requiring a license, without any license. It could not be directed that the transport of the products by the Petitioner could not be checked, assuming that the item transported does not require any license. If the Respondents have booked any case against the Petitioner, it is for the Petitioner to prove its innocence before the Court. The legality and reliability of the Chemical Analysis Report are matters to be considered by the Court trying the offence.

6. The submission of the learned Government Pleader is that the Respondents/Police have not been causing any harassment to the Petitioner, while conducting the routine inspections of the transport of the products by the Petitioner.

7. Accordingly, this Writ Petition is disposed of, recording the above submission of the learned Government Pleader.