Kerala High Court cancels the case against Hindustan Coca Cola Beverages for supposedly not declaring the sale price on packaged water labels.

The Kerala High Court dismissed the criminal case against Hindustan Coca-Cola Beverages regarding the alleged failure to display the sale price on Kinley packaged drinking water. The Court accepted the petition from Hindustan Coca-Cola Beverages Pvt. Ltd., canceling the criminal proceedings under the Legal Metrology Act, 2009, following an inspection at M/s Cinepolis. Justice P.V. Kunhikrishnan noted that the Public Prosecutor presented the seized bottle, which showed clear laser printing. He stated that the printing was legible and prominent. The petitioners also referenced a news article from the Times of India, dated September 24, 2024, where a Central Minister supported laser printing on water bottles. The judge concluded that since the printing was clear, continuing the prosecution was unnecessary.

During an inspection at M/s Cinepolis in Cochin, a Senior Inspector found potential issues with the packaging and labeling of “Kinley with Added Minerals” bottled water. The concerns were about the lack of clear declarations regarding the sale price and packaging date, which violated specific sections of the Legal Metrology Act and the 2011 Rules. The Petitioner claimed these allegations were incorrect, asserting that the labels on the Kinley bottles were printed using laser technology, ensuring they were legible and prominent. According to Rule 9(1)(a) of the 2011 Rules, all declarations must be clear and noticeable. The petitioners provided the bottle for the Court’s review, arguing that the labels were indeed legible.

The High Court noted that the printing on the bottles met the required legibility standards. It observed that the laser printing on the Kinley bottles was clear and easy to read, stating that there was no need to continue the prosecution against the petitioners. The Court also mentioned a news article from the Times of India where a Central Minister endorsed the use of laser printing on water bottles. The Petitioner pointed out that their labeling methods matched the Minister’s recommendations. As a result, the Court decided to allow the petition, quashing all further proceedings against the petitioners in the Judicial First Class Magistrate Court-II, Ernakulam. Thus, the High Court approved the Petition.

Cause Title: Hindustan Coca Cola Beverages (P) Ltd. & Anr. v. The Controller Of Legal Metrology & Ors. (Neutral Citation: 2024:KER:81968)
Appearance:
Petitioners: Senior Advocates Grashious Kuriakose and K. Jaju Babu; Advocate Raju K.Mathews Respondents: Senior Public Prosecutor Renjith.T.R