THE HON’BLE MR JUSTICE L. NARASIMHA REDDY Writ Petition No.19625 of 2010 ORDER: The petitioner is a dealer of Indian Oil Corporation in Petroleum Products. It established a retail outlet at Deputuru Village, Atchutapuram Mandal, Visakhapatnam District. It was inspected on 18.05.2010 by the officials of the respondents. On the same day, the petitioner was issued proceedings directing suspension of sales. While conducting inspection the respondents have drawn the samples of motor spirit and high speed diesel. While one set of samples was taken by the inspecting officials, another set was left with the petitioner. On the basis of the analysis of the samples taken away by the respondents, a show cause notice was issued to the petitioner on 01.07.2010 proposing penal action. The petitioner submitted his explanation on 08.07.2010. It is stated that the dispensing unit of Motor Spirit has been shifted to another place. Since no action has been taken for quite some time and the sales were suspended, the petitioner approached this Court by filing W.P.No.16510 of 2010. The writ petition was disposed of on 12.07.2010 directing that the samples left with the petitioner be sent for analysis. Through letter, dated 17.07.2010, the respondents required the petitioner to submit the set of samples with it, for analysis. The samples are drawn in an aluminum container as per the specifications under the guidelines. The aluminum tins, in turn are sealed and kept in a wooden box. Seals are put on the wooden box also. On the ground that the seal on the wooden box containing the sample of HSD, had some aberrations and glue type material was found on the edges of the seal, the laboratory refused to analyze the content. The petitioner feels aggrieved by the same. It is urged that the sample drawn from the HSD outlet is contained in the aluminum tin and it was not even alleged that the seals on the tin are in any way tampered with. The petitioner further submits that the relevant guidelines do not provide for the preservation of the tin containers in the wooden box and the respondents did not express doubt about the seal on the wooden box. On behalf of the respondents a counter affidavit is filed. According to them, a doubt was entertained as to the proper condition of the seal on the wooden box and in all likelihood, the petitioner may have tampered with the seals on the tins containing the samples. Heard learned Senior Counsel for the petitioner and learned Standing Counsel for the respondents. The samples of motor spirit as well as HSD were drawn from the petroleum outlet, run by the petitioner. We are not concerned with the analysis of samples of motor spirit. At the time of inspection, the officials concerned have prepared two sets samples of HSD, apart from conducting a spot test. As required under the relevant guidelines, one sample was left with the petitioner. The show cause notice was issued to the petitioner, on the basis of the observations on the spot. On a direction issued by this Court, the respondents have initiated steps for sending the sample left with the petitioner for analysis. The respondents refused to analyze the sample left with the petitioner. It reads as under: “Retention sample of RO dealer “2120979 (outer) sample rejected as there were aberrations and glue type material on the edges of the seal observed. As per the Field Officer, the outer seal is not in the similar condition as it was earlier.” If this is taken on its face value, it does not indicate that the seal on the wooden box was tampered at all. No provision of law is mentioned, which mandates that the samples must be kept in a wooden box. On the other hand, the provisions are to the effect that the samples must be drawn in aluminum containers. It was not even alleged that the seal upon the aluminum container has been tampered. It is only when the wooden box is opened that the respondents would be in a position to verify the condition of the seal on the aluminum container. Hence, the writ petition is allowed and the respondents are directed to cause analysis of the sample of HSD No.2120979, left with the petitioner, and take further steps depending upon the result of analysis. There shall be no order as costs. _____________________ L. NARASIMHA REDDY, J. Dt.31.01.2011. GJ