The main legal point established in the judgment is that the use of PET bottles for packaging and sale of liquor is permissible under the Bureau of Indian Standards Act and the Food and Safety Standards Act, and there was no evidence showing harm to consumers or the environment.

JUDGMENT

Krishn Kumar Lahoti, Actg. C.J.

1. This Public Interest Litigation has been filed alleging that the use of PET bottles for bottling of country liquor is not only harmful for the environment but the country liquor stored therein becomes unfit for human consumption. The country liquor is consumed either in the semi urban areas or in the rural areas. PET bottles after use are thrown here and there by the consumers and are not only harmful for the environment but also for the animals/catties, who eventually eat it and the result is that it is either harmful or hazardous for their lives. Apart from this, PET bottles are discarded in roadside gutters, chocking the drainage and also causing the environment policy. These are not cyclable and are being dumped. It is also stated that the large number of steps are being taken in India and also worldwide to ban to use plastic material particularly non-recyclable plastic, so it is not proper for the respondents to permit PET bottles in its policy for storage and sale of country liquor. Mainly on the ground of environment policy and for packaging of liquor in PET bottles is harmful/hazardous to the health of consumers, this petition has been filed seeking following reliefs:--

(A) Issue a writ, order or direction in public interest, commanding the respondent No. 2 to completely exclude the use of PET bottles/pouches for storage and sale of liquor, both country made liquor and IMFL, in its policy.

(B) Issue any suitable writ, order or direction in addition to and in supplement to above, as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.

(C) Award the cost of the writ petition to the petitioner.

The State and interveners, who are mostly PET bottles manufacturers, have opposed this petition. In nut-shell, it is stated by the State:--

(i) That the present writ petition is not maintainable and deserves to be dismissed as this PIL does not fall within the categories provided by the Apex Court in the judgment of State of Uttaranchal v. Balwant Singh, AIR 2010 SC 2550, in which various guidelines have been framed by the Apex Court for filing of PIL.

(ii) The petitioner ought to have approached the National Green Tribunal under the provisions of National Green Tribunal Act, 2010 as the subject-matter falls within the jurisdiction of the aforesaid Tribunal.

(iii) That the PET bottles used for packaging of alcoholic beverage have been found safe and suitable material by various national and international agencies and regulatory authorities. The Bureau of Indian Standards (in short 'BIS') established under the Bureau of Standards Act, 1986 has prescribed standard for the use of PET bottles with specification for use of packaging and sale of alcoholic beverage. The PET bottle with specification No. IS14537-1998 has been specified for packaging of alcoholic liquor. The PET bottles are also permitted under the Food and Safety Standards Act, 2006 and the regulations made therein for packaging of alcoholic beverage. The PET bottles are being used worldwide for this purpose. The Food and Drug Administration (FDA) of USA has certified after diligent research that PET bottles are not harmful for use, sale and storage of alcoholic product. The PET containers are not harmful to the environment as these are recyclable. The PET bottles are used for other food material packaging including juice, cooking oil, milk, ketchup, honey, candies, confectioneries and pickles etc. The pharmaceutical product like cough syrups, anta acids and vitamins are permissible in PET bottles packaging.

(iv) Raising these contentions, it was submitted that since 1999 when the Bureau of Indian Standards has permitted packaging of alcoholic product in PET bottles, these bottles are being used for the aforesaid purpose. In the Excise Policy of 2011-12 (of M.P.), such PET bottles were permitted to be used for packaging and sale of country liquor. In the Excise Policy of 2012-13 and 2013-14, the said has b