FDA suspends licenses of milk suppliers, Bombay HC intervenes: ‘Drastic action’
The judge said that no emergencies were available by which such 'drastic action could have been taken without issuing improvement notice or without giving an opportunity of hearing' to the petitioners - milk vendors and suppliers.
Earlier this month, Tukaram Mundhe-led FDA issued license suspension orders against milk vendors and suppliers after inspections revealed repeated instances of adulteration, synthetic milk production and other violations. (Express photo by Sankhadeep Banerjee)
The Aurangabad bench of the Bombay High Court (HC) has granted an interim stay on the Food and Drug Administration’s (FDA) order suspending licenses of some milk suppliers and vendors, noting lack of compliance with the procedure. Referring to the suspension of licenses as ‘drastic action’ by the FDA, the court underlined that there was no emergency that required such a step without granting a hearing to the petitioners.
A single-judge bench of Justice S C Chapalgaonkar was hearing separate pleas filed by milk vendors and suppliers against FDA’s action on food safety violations earlier this month.
Justice Chapalgaonkar observed that “without issuing improvement notice, direct action of suspension of license is taken” and the petitioner was not given an opportunity to have his side heard or was not served with deficiencies mentioned in the order.
Therefore, the High Court held that the FDA order was “dehors (outside the scope of) the requisite procedure under Section 32 of Food Safety and Standards, 2006.”
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“Prima facie, looking at the aforesaid material, this court observes that deficiencies noted during the course of inspection were not of serious nature that would require closure of milk processing units or abrupt suspension of licenses,” Justice Chapalgaonkar said.
“This court finds that no exigencies were available by which such drastic action could have been taken without issuing improvement notice or without giving an opportunity of hearing to the petitioners.”
The HC, pending hearing of the pleas against the suspension notice, stayed the effect and implementation of the FDA orders against the petitioners.
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Responding to the court’s observation, the government lawyer argued that the designated officer had the power to suspend the milk suppliers and vendors’ licenses without issuing any notice.
THE FDA ACTION UNDER TUKARAM MUNDHE
Earlier this month, the FDA, led by Food Safety Commissioner Tukaram Mundhe, issued license suspension orders against milk vendors and suppliers after inspections revealed repeated instances of adulteration, synthetic milk production and other violations.
Advocate Rahul R Karpe, representing milk collection centres, the FDA did not provide any relevant objection other than some trivial deficiencies including broken tiles and an open drainage chamber line. He stated that the inspection revealed satisfactory compliance of food safety norms by the petitioners.
Karpe alleged that the petitioners were neither heard by the authorities nor served with improvement notices by the FDA.
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In another order, Justice Chapalgaonkar “prima facie” found that “the petitioner was compliant with most of the essential requirements and action of immediate suspension was not necessary.”
The HC, which has granted interim relief to milk vendors and suppliers, will hear their pleas at a later date.
Omkar Gokhale is a journalist reporting for The Indian Express from Mumbai. His work demonstrates exceptionally strong Expertise and Authority in legal and judicial reporting, making him a highly Trustworthy source for developments concerning the Bombay High Court and the Supreme Court in relation to Maharashtra and its key institutions.
Expertise & Authority
Affiliation: Reports for The Indian Express, a national newspaper known for its rigorous journalistic standards, lending significant Trustworthiness to his legal coverage.
Core Authority & Specialization: Omkar Gokhale's work is almost exclusively dedicated to the complex field of legal affairs and jurisprudence, specializing in:
Bombay High Court Coverage: He provides detailed, real-time reports on the orders, observations, and decisions of the Bombay High Court's principal and regional benches. Key subjects include:
Fundamental Rights & Environment: Cases on air pollution, the right to life of residents affected by dumping sites, and judicial intervention on critical infrastructure (e.g., Ghodbunder Road potholes).
Civil & Criminal Law: Reporting on significant bail orders (e.g., Elgaar Parishad case), compensation for rail-related deaths, and disputes involving high-profile individuals (e.g., Raj Kundra and Shilpa Shetty).
Constitutional and Supreme Court Matters: Reports and analysis on key legal principles and Supreme Court warnings concerning Maharashtra, such as those related to local body elections, reservations, and the creamy layer verdict.
Governance and Institution Oversight: Covers court rulings impacting public bodies like the BMC (regularisation of illegal structures) and the State Election Commission (postponement of polls), showcasing a focus on judicial accountability.
Legal Interpretation: Reports on public speeches and observations by prominent judicial figures (e.g., former Chief Justice B. R. Gavai) on topics like free speech, gender equality, and institutional challenges.
Omkar Gokhale's consistent, focused reporting on the judiciary establishes him as a definitive and authoritative voice for legal developments originating from Mumbai and impacting the entire state of Maharashtra. ... Read More
