Bombay High Court
R.O. Chilled Water Manufacturers ... vs Union Of India, Ministry Of Health And ... on 11 February, 2026
Author: Anil Laxman Pansare
Bench: Anil Laxman Pansare
2026:BHC-NAG:2276-DB
10-WP-4343-2017 1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
WRIT PETITION NO. 4343 OF 2017
(R.O. Chilled Water Manufacturers Welfare Association, Nagpur & Ors. Vs. Union of India & Ors.)
__________________________________________________________________________
Office Notes, Office Memoranda of Coram,
appearances, Court's orders of directions Court's or Judge's orders.
and Registrar's Orders.
Mr. H.R. Gadhia, Counsel for the petitioners.
Mr. S.A. Chaudhari, Counsel for respondent no.1.
Mr. R.V. Malviya, Counsel for respondent no.2.
Mr. Anand Parchure, Counsel for respondent no.8.
.....
CORAM : ANIL L. PANSARE AND
NIVEDITA P. MEHTA, JJ.
FEBRUARY 11, 2026 The challenge is to the orders prohibiting the petitioners from selling unpackaged drinking water without obtaining BIS Certification mark. Annexed along with the petition is The Food Safety and Standards (Food Products Standards And Food Additives) Regulations, 2011. Clause 2.10.8 is relevant, which provides as under :
"2.10.8 Packaged Drinking Water (other than Mineral Water)
1. .....
2. .....
3. It shall be filled in sealed containers of various compositions, forms and capacities that are suitable for direct consumption without further treatment. In case remineralization is a part of the treatment process, the ingredients used shall conform to food grade/pharma grade quality.
4. ....."
2] As could be seen, the Regulation provides for compulsory sealing of containers, in which drinking water is to be served for human consumption.
3] That being so, the contention of the petitioners that they should be permitted to sell cool/ 10-WP-4343-2017 2 chilled water, without sealing the containers, would run contrary to the Regulations. More importantly, such plea, if allowed, would be dangerous to human health, as the water that will be sold for human consumption will be supplied unchecked.
4] We are, therefore, not inclined to grant relief. The petition is, accordingly, dismissed.
(JUDGE) (JUDGE)
Sumit
Signed by: Mr. Sumit Agrawal
Designation: PS To Honourable Judge Date: 11/02/2026 15:33:08