Central Government for the first time came out with Motor Spirit and High Speed Petrol (Prevention of Malpractices in supply and Distribution) Order 1990 in order to deal and check offence of malpractices like adulteration.. In the year 1998 & 2005, the Central Government by G.S.R. No. 772 (E) dated 1998, made further amendments and in exercise of power conferred under Section 3 of the E.C. Act came out with Motor Spirit and High Speed Diesel (Regulation of supply and Distribution and Prevention of Malpractices) Order, 1998 & 2005. These order deals with malpractices which includes adulteration, pilferage, stock variation, unauthorised exchange, unauthorised sale, unauthorised possession, over charging and sale of off specification product.
Adulteration has been defined under Section 2(a) of this order in following terms" adulteration means the introduction of any foreign substance into motor spirit/high speed diesel illegal or unauthorisedly with the result that the product does not conform to the requirement and specification of the product indicated in Schedule-I.
Section 4 of the 1998 Orders authorises any Gazetted officer of the Central or State Government or any Police Officer not below the rank of Deputy Superintendent of Police duly authorised, by general or special order by the Central Government or State Government as the case may be or any Officer of the concerned Oil Company not below the rank of Sales Officer, to enter and search any place or premises being used or suspected to be used by a dealer, transporter, consumer or any other person who is an employee agent of such dealer/transporter/consumer or any other person, to stop and search any person or vehicle inspect books of account or other documents, to take samples of the product and/or seize any of the stocks of the product which the officer has reason to believe has been or is being or is about to be used in contravention of this order. From 1998 Order it is evident that [b]only authorised Gazetted officer not below the rank of Dy. S.P. or the person mentioned under Section 4 may with view to securing compliance of the provisions of this order can enter, search and take samples of the products in compliance of provisions of Section 100 of the Cr.P.C. relating to search and seizure.[/b] These are the ground defence may used..
In the present case though brother of dealer above 7 years but he can not be prosecuted untill it is not established that he has attained sufficient maturity of understanding to judge of the nature and consequences of his conduct on that occasion. Also Motor Spirit and High Speed Petrol (Prevention of Malpractices in supply and Distribution) Order 2005 makes no person other than the Dealer or Oil Company or their agent liable.