HC notice on AAC powers to check petro products

The Delhi High Court on Wednesday issued notice to the Centre on a petition challenging the powers of the Anti-Adulteration Cell (AAC) set up under the petroleum ministry for checking the quality of petroleum products.

Issuing notices to the petroleum ministry and the AAC, a bench comprising Justice A.K. Sikri directed them to submit their replies by May 7 to the writ petition seeking quashing of the June 27, 2002 notification constituting the cell in the ministry. Challenging the validity of the notification, Federation of All India Petroleum Traders (FAIPT) in a petition said by virtue of the notification the powers were delegated to the cell which as per law was not competent to exercise them.

Besides, the powers “have been delegated to the AAC with retrospective effect from April 1, 2002 which was not only illegal but also not in consonance with Petroleum Act, 1934 as well as the motor and high speed diesel (regulation of supply and distribution and prevention of malpractices) order, 1998 providing for collection of samples of petroleum products, FAIPT counsel Arun Maitri said.

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Under the provisions of the act and the regulation, “it has been clearly provided that only the gazetted officers notified under rule are competent to raid any petrol pump and seize samples,” he contended.

“But under the notification, AAC has started exercising the powers which do not vest with it.”