RAJA RAJESHWARI ENTERPRISES Vs. STATE OF A P

JUDGEMENT

(1.) This Criminal Revision case is filed by the respondent in M.C.No. 56 of 2006 on the file of Mandal Executive Magistrate, Nellore. The Director of Institute of Preventive Medicine, PH Labs & Food (H) Admn., Narayanaguda, Hyderabad, made an application to the Mandal Executive Magistrate, Nellore, Mentioning that while checking the sale of packed drinking water manufactured by the respondent, they found that the manufacturing of packed drinking water is without obtaining B.I.S. certification mark, which is mandatory as per the Central Government orders in G.S.R.No. 759(E) & 760(E) dated 29-09-2000. Therefore, he requested to close the Units, which are manufacturing and selling packed drinking water in violation of the statute. On the basis of the said representation, the Mandal Executive Magistrate passed the following order:

(2.) The petitioner contended that the Mandal Executive Magistrate under Section 133 of the Code of Criminal procedure (for short 'Cr.P.C.') only a conditional order can be passed and conducting of an enquiry as prescribed under Section 138 Cr.P.C. is essential to pass final order under Section 136 Cr.P.C. Whereas the Executive Magistrate passed the final order directing to close the Unit without giving an opportunity as required under the procedure prescribed under law. The Mandal Executive Magistrate also passed the order in violation of the principles of natural justice without issuing any notice to the petitioner. The Mandal Executive Magistrate also did not observe as to how the selling of manufacturing of water without B.I.S. Certification amounts to public nuisance and how it violates the provisions of Prevention of Food Adulteration Act and Rules thereon and mere non-obtaining of B.I.S. certification does not necessarily mean that the same is injurious to public health, therefore, the order is liable to be set aside.

(3.) The learned counsel for the petitioner at the time of hearing of the matter submitted that as per Section 133 Cr.P.C. the Mandal Executive Magistrate cannot pass the order without specifically empowered in that regard, therefore, he is incompetent to pass the order.