Kerala - Kochi   

Soft drinks case referred to Division Bench

Staff Reporter

Kochi: The writ petitions filed by Hindustan Coca-Cola Beverages Private Ltd. and Pepsico India Holdings Private Ltd. challenging the Government Order banning the manufacture and sale of Coca-Cola and Pepsi Cola in the State was referred to a Division Bench of the Kerala High Court.

Justice S. Siri Jagan referred them to the Bench as a public interest petition seeking ban on the manufacture and sale of the soft drinks were pending before the Bench.

In their petitions, the companies said that the Government had no power to impose ban on the manufacture and sales of food articles under the Prevention of Food Adulteration (PFA) Act.

As per the provisions of the Act, only the Central Government could frame rules for prohibiting the sale of any substance that was injurious to health.

State files petition

The State Government filed a petition seeking that a directive be issued to the fourth accused in the Sabarimala Tantri assault case, Bechu Rahman, to appear before the court when his petition for anticipatory bail is taken up for final hearing.

Director General of Prosecutions P.G. Thampi, in his petition, said that as per the new section incorporated into the Criminal Procedure Code, the `presence of the accused shall be obligatory at the final hearing of the bail if an application to the effect was filed by the prosecutor.'

Disapproval of action

A Division Bench, comprising Justice K.S. Radhakrishnan and Justice V. Ramkumar, on Thursday voiced their displeasure at the investigation lapses in many cases and the trail by mead in cases, which were subjudice.

The Bench made the observation while setting aside the verdict of the Manjeri Sessions Court sentencing Poonthala Aboobacker, alias Babu, to death in the rape and murder of a minor girl.

The court remitted the case to the Manjeri sessions court for fresh disposal after completing the examination of the accused. The prosecution case was that the accused allegedly raped a 12-year-old girl and murdered her after abducting her while she was on her way to school at Kondotty in Malappuram. The girl was murdered on September 8, 2004.

The Bench was of the view that the prosecution had not been able to establish a chain of circumstantial evidence to justify the conviction of the accused.

Decrying the actions of the senior investigation officers in passing on information to the media and the subsequent publishing of reports relating to the crimes, the Bench said the media failed to realise the damage done to the victim and those close to the victim.

The court said it was not open to the investigation agency to give their version about the crime. Lapses in this regard would be viewed seriously and erring police officers and media persons preceded against , the court said.

Bail denied

Justice J.M. James dismissed the bail petitions filed by Jothish Kumar, Joseph and Jimmi in the case relating to the murder of A.M. Abdul Kareem, 42, resort owner, at Vythiri in Wayanad district.

According to the Prosecution, Abdul Kareem, proprietor of `Jungle Park' and `Green Magic Nature Resorts,' on Finster Hills at Vythiri was assaulted and murdered by goondas hired by another resort owner. The Prosecution attributed the motive for the murder to business rivalry between the two resort owners.

Printer friendly page  
Send this article to Friends by E-Mail

Stories in this Section

Soft drinks case referred to Division Bench
Portraying the colours of the monsoon
Stalemate continues at GCDA
Conserving mountain ungulates
Celebrating Onam with AIR
Wheat consignment from Australia arrives
Reception for Catholicos
Around the City
In Kochi Today

Copyright © 2006, The Hindu. Republication or redissemination of the contents of this screen are expressly prohibited without the written consent of The Hindu