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2009 (8) TMI 530 - BOMBAY HIGH COURTAlternative Remedy- writ jurisdiction- Relief sought is to classify and categorize the ‘Red Bull Energy Drink’ as proprietary food and not as a non-alcoholic carbonated water under prevention of Food Adulteration Act, 1954 and Prevention of Food Adulteration Rules, 1955. whether reports as annexed to writ petition are conclusive or not is something which must be decided on the basis of evidence and more particularly expert opinion, by competent authorities and courts. Once, there is dispute and it is raised in reference to various reports and analysis, the writ jurisdiction is not the appropriate remedy for petitioners. Petition dismissed as petitioners have an alternate and equally efficacious remedy.
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