HINDUSTAN COCA-COLA BEVERAGES P. LTD. Vs. SANTOSH MITTAL
LAWS(SC)-2013-10-98
SUPREME COURT OF INDIA
Decided on October 03,2013

Hindustan Coca -Cola Beverages P. Ltd. Appellant
VERSUS
SANTOSH MITTAL Respondents

JUDGEMENT

Kurian Joseph, J. - (1.) THIS is second round of litigation before this Court. Certain writ petitions were filed before the High Court of Rajasthan in public interest litigation alleging that carbonated drinks manufactured by Pepsi company and Coca -Cola are contaminated and contain 'pesticide and suspended impurities which are dangerous to human life. In the writ petitions, it was prayed that their sale and use by public be banned, The writ petitions were disposed of by the High Court on October 8, 2004 directing all manufacturers of carbonated beverages and soft drinks including Pepsi and Coca -Cola to disclose composition and contents of the products including the presence of the pesticides and chemicals on the bottle, package or container, as the case may be.
(2.) THE above order of the High Court was challenged before this Court in S.L.P. (C) Nos. 24266 -24268 of 2004, Hindustan Coca -Cola Beverages (P) Ltd.. v. Santosh Mittal and Ors. which were dismissed by this Court with liberty to the manufacturers to approach the High Court for clarification of exactly what kind of disclosure the High Court required them to make. Consequent upon that liberty, the matter was again take up by the High Court. In its judgment dated 1.6.2005, the High Court made the following clarifications: Since we have only to clarify as to what kind of disclosure is required, it is not necessary for us to travel through the voluminous literature placed for our perusal. In the public interest we require the applicants to declare on Soft Drinks bottles, package or container either of these two declarations "Soft drinks does not contain pesticide residues" Or "Soft drink" is safe. The level of pesticide residue is well within all applicable standards.
(3.) IT is the above part of the judgment which is impugned in the present appeals, by special leave.;


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