PIL seeks ban on sale of Coca cola, Thums Up; SC imposes fine of Rs. 5 Lakhs for abuse of process

Supreme Court: The 3-judge bench of Dr. DY Chandrachud, Hemant Gupta and Ajay Rastogi, JJ has imposed a fine of Rs 5,00,000 on the petitioner seeking ban on the sale and use of Coca Cola, Thums up, Soft Beverages. The PIL had also sought issuing Notification uprising people at large not to drink and use it, as the same is detrimental to the cause of health.

Calling the invocation of Supreme Court’s jurisdiction under Article 32 of the Constitution an abuse of process, the Court said,

“The petition has been filed without the petitioner having any technical knowledge on the subject. The source of his assertions has not been substantiated. No justification or explanation is forthcoming during the submissions of Mr S P Singh, learned Senior Counsel on why two specific brands in particular are chosen to be the target of the proceedings.”

It, hence, said that besides dismissing the petition an order directing the imposition of exemplary costs was necessary.

The costs imposed is to be deposited in the Registry within one month and shall be disbursed to the Supreme Court Advocates-on-Record Association.

[Umedsinh P Chavda v. Union of India, 2020 SCC OnLine SC 500  , order dated 11.06.2020]

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