Kerala HC Quashes Proceedings Against Hindustan Coca Cola Beverages Over Alleged Violation For Declaration Of Sale Price On Packaged Water Labels

The Court allowed the petition filed by Hindustan Coca Cola Beverages Pvt. Ltd. (Petitioner) quashing the criminal proceedings under the Legal Metrology Act, 2009 (the Act) and related rules, based on an inspection carried out in the trade premised on M/s Cinepolis.

A Single Bench of Justice P.V. Kunhikrishnan held, “The Public Prosecutor also produced the bottle seized by the officer concerned. This Court perused the same. A perusal of the same would show that there is laser printing in the bottle. It cannot be said that the same is not legible and prominent. The counsel for the petitioners produced a news item of the Central Minister, which published in Times Of India dated 24.09.2024 in which it is stated that the Minister bats for laser printing in water bottles. Since the printing is legible, I am of the considered opinion that the continuation of the prosecution against the petitioners is not necessary.”

Senior Advocates Grashious Kuriakose and K. Jaju Babu appeared for the Petitioners, while Senior Public Prosecutor Renjith.T.R represented the Respondents.

During an inspection at the trade premises of M/s Cinepolis in Cochin, a Senior Inspector observed alleged violations in packaging and labeling, specifically related to items including "Kinley with Added Minerals" bottled water. Allegations centered on a lack of ‘legible and prominent declarations; regarding sale price and packaging date on the water bottles, contravening Sections 11(1)(b), 11(1)(e), and 18(1) of the Act and Rule 9(1)(a) of the Legal Metrology (Packaged Commodities) Rules, 2011 (2011 Rules).

The Petitioner argued that the allegations were unfounded, stating that the labels on the Kinley water bottles were printed using laser printing methods, which ensured the required legibility and prominence. Rule 9(1)(a) of the 2011 Rules states that each declaration must be “legible and prominent.” Petitioners presented the bottle for the Court's examination, arguing that the labels were indeed legible.

The High Court observed that the printing on the bottles met the legibility standard required under the rule. He noted that the laser printing used on the Kinley bottles was clear and visible, holding that the “continuation of the prosecution against the petitioners is not necessary.”

The Court also referred to a news item from the Times of India in which a Central Minister supported the use of laser printing on water bottles. Referring to this public endorsement, the Petitioner emphasised that their labeling methods aligned with the Minister’s recommended practices.

Consequently, the Court held, “Therefore, this Crl.M.C is allowed. All further proceedings against the petitioners alone on the files of Judicial First Class Magistrate Court-II, Ernakulam are quashed.”

Accordingly, the High Court allowed 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

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