SC refuses interim relief to Kerala government in Coke case

Published: Thursday 15 March 2007

On February 15, 2007, the Supreme Court refused to grant interim relief to the Kerala government, which had challenged a high court order quashing a ban on the sale of cola products in the state. A bench comprising justices A R Lakshman and Altmas Kabir issued notices to Indian cola units asking them to file replies within four weeks.

In August 2006, the Kerala government had notified a ban on cola drinks stating that the drinks contained pesticide residues that were beyond permissible limits. Within a month, the Kerala High Court lifted the ban and held that the state did not have the power to prohibit the manufacture and sale of cola drinks.

The state government had contended that the court's directions virtually amounted to giving permission to manufacture and sell adulterated food, which is prohibited under the Prevention of Food Adulteration Act, 1954.

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