HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION NO.231 OF 2007 Date: 21.01.2010 Between: Algani Purified Drinking Water, rep. by Almahi, Khammam District. ……Petitioner And: The State of A.P., rep. by its Public Prosecutor, High Court of A.P., Hyderabad and another ……Respondents. HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION NO.231 OF 2007 ORDER: This petition is filed under Section 482 of the Code of Criminal Procedure questioning order dated 19.09.2006 passed by the Sessions Judge, Khammam in Criminal M.P.No.1218 of 2006 in Criminal R.P.No.42 of 2006 confirming order dated 17.07.2006 passed by the Revenue Divisional Officer and Sub Divisional Magistrate, Khammam in R.C.No.C3/1110/2006. The petitioner was doing purified drinking water business at Khammam. On the ground that the petitioner did not possess B.I.S. certificate as contemplated under Rule 49(28) of the Food Adulteration Rules, the Sub Divisional Magistrate issued notice to the petitioner under Section 133 of the Code of Criminal Procedure requiring him to show cause why such business should not be directed to be stopped. In response to the said notice, the petitioner appeared before the Sub Divisional Magistrate through counsel and filed explanation. After hearing arguments of the petitioner’s counsel, the Sub Divisional Magistrate passed the impugned order dated 17.07.2006 directing the petitioner to cease carrying on its trade of purified drinking water. As against the said order, the petitioner filed Criminal Revision Petition No.42 of 2006 before the Sessions Judge, Khammam. The Sessions Judge, Khammam passed a composite order in the revision petition as well as in miscellaneous petition therein dismissing the revision petition holding that since there is no B.I.S certificate issued by the relevant authority to the petitioner, he is not entitled for any relief. It is contended by the petitioner’s counsel that the Sub Divisional Magistrate should have made enquiry as per procedure prescribed under Section 138 of the Code of Criminal Procedure before passing the impugned order. He placed reliance on unreported decision of this Court dated 30.06.2006 in Criminal Revision Case No.917 of 2006 on this aspect and prayed for remand of the matter to the Magistrate for fresh enquiry. It is further contended that B.I.S certificate is required only for mineral water and not for drinking water. The rule prescribes obtaining of B.I.S certificate by the trader in respect of manufacture sale or exhibition or sale of packaged drinking water. Therefore, contention of the petitioner’s counsel that only mineral water requires B.I.S certificate is not correct. The Sub Divisional Magistrate passed the impugned order after giving show cause notice to the petitioner, after receiving the petitioner’s explanation and after hearing arguments of the petitioner’s counsel. It is not as if the petitioner wanted to examine any witnesses whom the Sub Divisional Magistrate did not allow. After filing explanation, the petitioner’s counsel submitted arguments before the Sub Divisional Magistrate and thereafter the Sub Divisional Magistrate passed the impugned order. Procedure adopted by the Sub Divisional Magistrate during enquiry of the case is not in any way improper or illegal. The Sub Divisional Magistrate complied with the procedure and followed principles of natural justice before passing the impugned order. Therefore, this Court does not see any valid reasons to quash the said order passed by the Sub Divisional Magistrate. Further, as against order passed by the Sub Divisional Magistrate, the petitioner filed revision petition under Section 397 of the Code of Criminal Procedure before the Sessions court. After the Sessions court passed order in the revision petition, again the petitioner approached this Court under Section 482 of the Code of Criminal Procedure by way of this petition. This Court is of the opinion that this petition amounts to entertaining of second revision petition, which is not permissible in law. In the result, the criminal petition is dismissed. ___________________________________ SAMUDRALA GOVINDARAJULU,J Date:21.01.2010. Gk. HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION NO.231 OF 2007 Date:21.01.2010. Gk.