HOWRAH GANATANTRIK NAGARIK SAMITY Vs. STATE OF W B
LAWS(CAL)-2005-5-46
HIGH COURT OF CALCUTTA
Decided on May 06,2005

HOWRAH GANATANTRIK NAGARIK SAMITY Appellant
VERSUS
STATE OF WEST BENGAL Respondents

JUDGEMENT

- (1.) This public interest litigation which is filed by Howrah Ganatantrik Nagarik Samity and others pertains to various subjects.
(2.) To begin with it pertains to water pollution which was normally found in the drinking water. It was based on few facts and some citizens who were very vigilant about the quality of the drinking water used by mineral water companies as also by the companies selling soft drinks like Coca Cola, Pepsi etc.
(3.) To begin with the thrust of the petition was on the contamination found in the soft drinks which are sold in the State of West Bengal. The petition included number of prayers. They are as under : a) A writ of and/or in the nature of mandamus commanding the respondents, their officers, agents, men, subordinates, successors-in-office to take steps, action and/or measure immediately for the following; i) To direct the concerned respondents to initiate all required steps/ measures that are necessary for the wholesome soft drinks being consumed by the people at large; ii) To direct the concerned respondents to take immediate steps to stop any distribution and sale of contaminated soft drinks in the State of West Bengal; iii) To direct the concerned respondents to take appropriate immediate steps for the manufacturing and supply of soft drinks having standard quality in order to stop/prevent health hazard to the people; iv) To direct the concerned respondents to immediately undertake the testing of the bottle/canned soft drinks now being marketed in the State of West Bengal and publish such test reports for the benefit of the people at large; v) To direct the concerned respondents to ensure display of important and relevant information on the containers of the soft drinks such as date of manufacture, expiry date, batch No., maximum retail price etc. for the benefit of the consumers; vi) To direct the concerned respondents to take immediate steps against selling of spurious soft drinks in the market of the State of West Bengal; vii) To direct the concerned respondents to carry out the tests of soft drinks samples on a regular basis so that the manufacturers can become cautious and careful in their operations in future. b) A writ of and/or in the nature of prohibition forbidding the respondents, their officers, agents, men, subordinates, superiors in the office to continue with the supply and distribution unwholesome soft drinks to the people at large; c) Rule Nisi in terms of the aforesaid prayer and make the rule absolute; d) An v other or further writ or writs, order or orders, direction or directions.";


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