Licence requirement for kerosene possession failed where the quantity fell within the Petroleum Act exemption.

Kerosene was treated as petroleum within Section 2(a) of the Petroleum Act, and Section 7 exempted storage or transport of non-dangerous petroleum up to the prescribed quantity without a licence. The quantity found in possession was within that limit, so no licence was required on that ground. Although Section 3 of the U.P. Kerosene Control Order required a licence for sale or storage for sale, the Central Act prevailed where there was inconsistency. On that basis, the allegation of possession without a licence was not sustainable and the revision succeeded.

---

---

Issues: Whether possession of ten drums of kerosene oil required a licence under the Petroleum Act and the U.P. Kerosene Control Order, and whether the proceedings could continue on that charge.

Analysis: Section 7 of the Petroleum Act exempted storage or transport of non-dangerous petroleum up to the prescribed quantity without a licence. Kerosene fell within the meaning of petroleum in Section 2(a), and the quantity found in the applicant's possession was held to be within the limit indicated by that provision. Section 3 of the U.P. Kerosene Control Order required a licence for sale or storage for sale, but the Central Act was treated as prevailing where there was inconsistency. On that basis, the only allegation of possession without a licence was not sustainable.

Conclusion: The applicant was not required to obtain a licence for the quantity of kerosene found, and the revision succeeded.

---