Laser Printing On Mineral Water Bottle Legible: Kerala HC Quashes Case Against Kinley Booked For Illegible Packaging Details
Quashing a case against Hindustan Coca Cola Company under the Legal Metrology (Packaged Commodities) Rules concerning alleged illegible declaration about the packaging details of mineral water sold at a movie theatre, the Kerala High Court observed that it could not be said that the details in the form of laser printing were illegible or not prominent. After perusing through the seized...
Quashing a case against Hindustan Coca Cola Company under the Legal Metrology (Packaged Commodities) Rules concerning alleged illegible declaration about the packaging details of mineral water sold at a movie theatre, the Kerala High Court observed that it could not be said that the details in the form of laser printing were illegible or not prominent.
After perusing through the seized product Justice P. V. Kunhikrishnan in its order said, "The counsel for the petitioner made available a bottle of 'Kinley', packaged drinking water. 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".
A prosecution was initiated against Hindustan Coca Cola Beverages (P) Ltd. under Rule 9(1)(a) (Every declaration on a package should be legible and prominent) of the Legal Metrology (Packaged Commodities) Rule, 2011.
As per the prosecution case, the senior inspector of Legal Metrology Department had inspected the premises of Cinepolis in Kochi and found among other things that a bottle of Kinley packaged drinking water sold there did not contain prominent declaration regarding sale price, month and year of packaging. The Hindustan Coco Cola Beverages approached the Court to quash the case.
The petitioners argued before the Court that the rule only requires that the declaration should be legible and prominent and it permits laser printing. The Court after examining the seized bottle observed that the printing was prominent and legible.
On these observations, the Court allowed the petition and quashed the further proceedings against the petitioners on the files of Judicial First Class Magistrate.
Case Title: Hindustan Coca Cola Beverages (P) Ltd. and Another v The Controller of Legal Metrology and Others
Counsel for the Petitioner: Senior advocates Grashious Kuriakose and K. Jaju Babu, advocate Raju K. Mathews
Counsel for the Respondent: Sr. PP Adv. Renjith T. R.
Case No: Crl.M.C. 6147 of 2018
Citation: 2024 LiveLaw (Ker) 717
Click Here To Read/ Download Order