SANTOSH MITTAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) B. C. Chirania, Addl. Standing Counsel, with Ravi Chirania, for Union of India, for Respondents Hon'ble SINGH, J. The petitioners' claim that the carbonated drinks manufactured by Pepsico and Coca-Cola are contaminated and laced with pesticides, which are dangerous to human life. The petitioners seek a ban on their sale and use by the public at large. It is also the case of the petitioners that the drinks manufactured by these companies contain suspended impurities. In order to substantiate their point they had presented before us few bottles of soft drinks alleged to have been manufactured by Pepsico and Coca-Cola, which on ocular examination show presence of foreign material. But that we need to ignore because the issue cannot be conclusively determined in the absence of the evidence of an expert. It has been argued in these petitions by the learned counsel for the petitioners that the manufactures ought to make a complete and full disclosure of the composition and contents of their products including the presence, if any, of the pesticides and chemicals therein, so that the consumers can make an informed choice before buying, selecting and consuming the products.

(2.) THE learned counsel for the respondent companies submitted that the companies are not required under law, to disclose the presence or absence of pesticides in their products. It is also submitted that the products contain 90% water, 9. 0% sugar and 0. 1% preservatives. According to them in case water contains pesticides, they cannot be blamed for it. It is claimed and asserted by them that the water used for manufacturing the soft drinks by them is subjected to reverse osmosis process and certain other scientific procedures. This is being done to purify the water. It was also argued that their products meet the European standards of quality and purity.

(3.) AFTER the report received by the Government of India, a Joint Parliamentary Committee was constituted to investigate the issue. The Joint Parliamentary Committee was set-up with the following terms of reference:- ``a. Whether the recent finds of the Centre for Science and Environment regarding pesticide residues in soft drinks are correct or not. b. To suggest criteria for evolving suitable safety standards for soft drinks, fruit juice and other beverages where water is the main constituent. ''