3 min readAug 7, 2026 05:50 PM IST
First published on: Aug 7, 2026 at 04:56 PM IST
The Bombay High Court on Friday again criticised Tukaram Mundhe-led Maharashtra Food and Drug Administration (FDA) for its action against Amazon Retail India, saying the food safety regulator was trying to implement its policies vigorously to solve a problem that does not warrant drastic actions. The court also advised the regulator to “go systematically”.
“We need to tell you that in order to implement your policies vigorously, you try to kill a mosquito with a sword,” the High Court said.
The High Court, however, also praised the food safety regulator for its action against violations, but asked whether it would shut down all commercial establishments to deal with this situation.
A bench of Acting Chief Justice Ravindra V Ghuge and Justice Gautam A Ankhad was hearing a plea by Amazon Retail India against the FDA action on its Bhiwandi warehouse for allegedly sending expired food into the retail market instead of scientifically destroying it.
The High Court cautioned the FDA that, as per settled law, the food licence cannot be cancelled while an appeal against suspension was pending.
Senior advocate Venkatesh Dhond, appearing for Amazon, told the court that the FDA officers visited the warehouse on June 24 and suspended its licence the next day without issuing an improvement notice.
He said the FDA action was on the disposal of expired goods under food safety regulations, but there was no question on the functioning of the warehouse.
On July 1, the food safety regulator issued a show-cause notice, and then cancelled the licence even when its suspension appeal was pending.
“During the appeal, how can there be a cancellation order? It is a settled law that during the appeal period, no such action can be taken. Therefore, we need to tell you that in order to implement your policies vigorously, you try to kill a mosquito with a sword. Procedure has to be followed,” Justice Ghuge questioned the state government lawyer.
After Government Pleader (GP) Neha Bhide told the bench that FDA would file an affidavit in response to the plea, the judge remarked, “That we know. But what is to be done now? As we have said [earlier hearings over FDA actions], we appreciate your action. This is laudable, and you deserve a compliment. But go systematically. To deal with the situation, you will shut down all commercial establishments in Mumbai, Thane, Pune and Palghar? Unless that is the rule that everything should be stopped.”
The HC will hear the matter on Monday, August 10.
The FDA seized 66,652.6 kg of edible oil valued at Rs. 1.05 crore. The establishment’s licence was suspended with immediate effect and the unit was closed. (AI-generated photo) 
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