Bombay High Court’s ‘only displaying power’ jibe at food safety body for stopping Cadila drugs sale

Rapping the food safety body, the High Court said that while it was using its "power to use a sword to kill a mosquito," it was required to be exercised in a "judicious" manner.

3 min readUpdated: Aug 11, 2026 02:54 PM IST

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The Bombay High Court on Tuesday granted relief to Cadila Pharmaceuticals Ltd in its plea against Maharashtra food safety regulator’s action against it and remarked that the authority is required to “be judicious” in its actions. The Maharashtra Food and Drug Administration (FDA), under Tukaram Mundhe, had earlier stopped the sale and distribution of some medicines manufactured by Cadila Pharmaceuticals Ltd and seized its stock. Rapping the food safety body, the High Court said that the FDA was only “displaying its powers”.

A bench of Acting CJ Ghuge and Justice Gautam A Ankhad was hearing Cadila’s plea, argued through senior advocate Birendra Saraf, who sought quashing of the “arbitrary” impugned orders that barred the sale and distribution, causing heavy loss to the company.

“The drug was not sold for 20 days. We are not concerned with the loss of senior advocate Saraf’s client. We are concerned that the drug was not available to the patients for 20 days, effectively 32 days till today,” Acting CJ Ghuge said.

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Referring to a past HC ruling, the bench led by Acting Chief Justice Ravindra V Ghuge said, “Shooting first and asking questions later is a rule of the Wild West which does not apply in the arena of law. Even when it comes to hotels, you shoot first, then ask questions. At least undertake the task of shooting all the insects. The same is happening in this case (Cadila).”

After the High Court’s rebuke, the FDA assured revocation of earlier stop-sale orders against Cadila and said it would follow procedure to issue show-cause notices, allowing written responses for violations before passing any order.

What did Maharashtra food safety body say?

Justifying its action against Cadila, the food safety body alleged that its medicines had similar branding despite different active pharmaceutical ingredients (APIs), risking medication errors.

“We have no doubts about your powers…You only display your powers, but the problem is, as I said last week, you have the power to use the sword, but you use it to kill a mosquito. That is the problem. Power has to be judiciously exercised… How to use the powers with adequate propriety is the question,” Acting CJ Ghuge said.

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The High Court told the FDA lawyer that while it was finding that “at the best” it could hear the petitioners, allow the pleas against the authority and hear similar matters and pass the orders again and again, “your clients are not realising the seriousness of the problem and orders.”

Omkar Gokhale

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

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