Plea challenging sale of packaged water disposed of

Source: The Hitavada      Date: 13 Jul 2017 12:51:20


Legal Correspondent,

IN THE issue related to challenging manufacturers selling water in various quantities ranging from small pouches of 250 ml to 20000 ml being sold in the market without any control and monitoring by the authorities, division bench of Madhya Pradesh High Court comprising Chief Justice Hemant Gupta and Justice Vijay Kumar Shukla said ‘in view of reply filed that manufactures have no objection certificate (NOC) from competent authority, it does not find any further indulgence is warranted in facts of the present case hence the it is disposed of.’ Division bench heard the petition filed by Rajesh Nayak. Grievance of the petitioner in present petition in public interest is against water packaging companies selling water without complying with prescribed standard under Food Safety and Standard Act-2006.


Grievance is that manufacturers sell water in various quantities ranging from small pouches of 250 ml to 20000 ml which is being sold in the market without any control and monitoring.


On behalf of respondents Commissioner, Food Safety and Controller, Bhopal, Regional Controller, Central Bureau of Investigation, Bhopal and Collector, Katni, it is said to the following effect that the answering respondents submit that as per provisions contained in the Food, Safety and Standard Act 2006, so also Bureau of Indian Standard Act 1986, the entity involved in production and sale of packaged drinking water is essentially required to obtain certification from respondent Regional Controller, Central Bureau of Investigation, Bhopal and all the private respondents herein who are indulged in production and sale of packaged drinking water in Katni have obtained necessary certification from BIS, so also all of them are having consent and permission from Pollution Control Board, license from concerned local body, licence from the Department of Food and Drugs Administration under the Food, Safety and Standard Act-2006 and have also deputed expert staff necessary for running such establishment. It is further pertinent to mention here that all the aforesaid respondents have established proper laboratory and modern scientific equipment, required for production and purchase of packaged drinking water, as is evident from photographs,which are collectively marked. So far as another respondent is concerned, it had closed down its establishment and so far as respondent is concerned, same is not indulged in sale of packaged drinking water and is therefore not covered by the provisions of Food, Safety and Standard Act-2006.

The Pollution Control Board also vide its communication dated on May 29, 2017, had informed answering respondents that private respondents herein are having valid NOC in their favour to run their establishments. None has put in appearance on behalf of the petitioner on May 12, 2017. During hearing again none is present on behalf of the petitioner. In view of the reply filed that manufactures have no objection certificate from competent authority we do not find any further indulgence is warranted in facts of present case is disposed of, the division bench said.