BOTTLED WATER PROCESSORS ASSOCIATION Vs. UNION OF INDIA

JUDGEMENT

(1.) The Bottled Water Processors Association having its office at New Delhi has filed this writ petition seeking directions against the Union of India ('UOI') through the Secretary, Ministry of Health & Family Welfare (Respondents 1 and 3), the Director General, Prevention of Food Adulteration ('PFA') (Respondent No. 4) the Director General, Bureau of Indian Standards ('DG, BIS') (Respondent No. 5) and the Lieutenant Governor of Delhi representing the Government of National Capital Territory of Delhi ('GNCTD') (Respondent No. 2) and the Commissioner of Police, Delhi (Respondent No. 6) to take action under the provisions of the Bureau of Indian Standards Act, 1986 ('BIS Act') and the Prevention of Food Adulteration Act, 1954 ('PFA Act') as well as the Food Safety and Standards Act, 2006 ('FSSA') against all "local units manufacturing and selling packaged drinking water without licence and BIS Certification Mark".

(2.) It is the Petitioner's case that although Section 14 of the BIS Act makes it mandatory for certain food articles including 'packaged drinking water' to conform to the Indian Standard and mandatorily use the Standard Mark under Section 14 of the BIS Act read with Rule 49 (28) of the Prevention of Food Adulteration Rules 1955 (PFA Rules), there are a large number of units in Delhi selling packaged drinking water without complying with the above norms. Apart from violation of Section 14 of the BIS Act, it is alleged that there is violation of the PFA Rules read with the PFA Act as well. It is stated that in June 2009, the attention of the UOI was drawn to the above fact and the names of seven such illegal manufacturers along with their addresses was furnished. Yet no action was taken to stop such illegal activities. Annexure P-3 to the petition lists out some of the labels under which packaged drinking water is sold, their place of manufacture and the status as regards compliance with the BIS Act.

(3.) On 7th January 2010, this Court passed the following order: