JUDGEMENT
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(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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