Well Owners Selling Water Through Tankers Must Obtain Licenses And Conform To Food Safety Act: Kerala High Court
Case: Hisham Transports V Food Safety Standards Authority Of India
Coram: Justice Amit Rawal
Case No.: WP(C) NO. 24915 OF 2022
Court Observation: “In order to prevent further misuse of provisions of Act, at the hands of the well owner and food operators, I deem it appropriate to issue general directions to the State Government as well as respondent No.2 [Food Safety Officer, Kochi Circle] to publish a notice and personal notice to all the well owners and food operators who are indulging into the practice of selling the water through tankers to the general public to obtain licence and conform to the standards prescribed under the Act, Rules and regulations. This Court is sanguine of the fact that the respondent No.1 [Food Safety Standards Authority Of India] would come out with a notification for bringing the water drawn from well and standardizing the conditions of the water drawn from the well for the purpose of selling into general public.”
“I am of the prima facie view that in the absence of the definition of water drawn from well, the petitioners cannot be permitted to urge this Court for issuing a mandate to the respondent not to take action under Regulation 2.10.9. Though it may not specifically be dealing with the water drawn from well as it only provides to dispensation but the fact remains the sum and substance is water meant for drinking. “
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