3 weeks ago
Bombay High Court slams Maharashtra FDA over Amazon action
There is a big court in India called the Bombay High Court.
A government office that checks food safety is called the Maharashtra Food and Drug Administration, or FDA.
The FDA was being very strict with a company called Amazon Retail India over its warehouse in Bhiwandi.
The judges thought the FDA was being too harsh and unfair.
They said it was like using a big sword to kill a tiny mosquito.
The judges told the FDA to calm down and go step by step.
They said a food licence cannot be taken away while the company is still appealing against that decision.
The judges did say the FDA does some good work in catching rule breakers.
But they asked if the FDA would shut down every shop, which would be too much.
So the judges wanted the FDA to be firm but fair.
The Bombay High Court criticised the Maharashtra FDA's action against Amazon Retail India, saying it was 'trying to kill a mosquito with a sword.'
A bench of Acting Chief Justice Ravindra Ghuge and Justice Gautam Ankhad advised the regulator to 'go systematically' and follow procedure.
The court noted that under settled law, a food licence cannot be cancelled while an appeal against its suspension is pending.
The FDA suspended the licence of Amazon's Bhiwandi warehouse for allegedly sending expired food into the retail market, and later cancelled it during the appeal.
The court praised the FDA's crackdown on violations but asked whether it would shut down all commercial establishments to deal with the situation.
- Who
- The Bombay High Court bench of Acting Chief Justice Ravindra Ghuge and Justice Gautam Ankhad, the Maharashtra Food and Drug Administration (FDA) led by IAS officer Tukaram Mundhe, and Amazon Retail India.
- What
- The High Court criticised the FDA's drastic action against Amazon Retail India's warehouse, saying it was trying to 'kill a mosquito with a sword' and advising the regulator to 'go systematically.'
- Where
- Bombay High Court, Maharashtra, India; the disputed warehouse is in Bhiwandi.
- When
- Friday (exact date not specified); the next hearing is scheduled for August 10.
- Why
- Because the court believed the FDA's action was disproportionate to the problem and violated settled law, since a licence cannot be cancelled while an appeal against its suspension is pending.
Vigorous enforcement
Proportionate action
Food licence enforcement against Amazon
Vigorous enforcement
The FDA, which has conducted raids on food establishments including famous eateries since Tukaram Mundhe took charge in May, argues for vigorously implementing its policies to stop violations such as allegedly sending expired food into the retail market; the court itself praised its crackdown against rule-breakers.
Proportionate action
The High Court says such drastic action is disproportionate to the problem, like 'killing a mosquito with a sword,' and that procedure must be followed; a licence cannot be cancelled while an appeal against its suspension is pending.
Key facts
- Court
- Bombay High Court
- Bench
- Acting Chief Justice Ravindra Ghuge and Justice Gautam Ankhad
- Regulator
- Maharashtra Food and Drug Administration (FDA)
- FDA head
- IAS officer Tukaram Mundhe
- Company involved
- Amazon Retail India
- Disputed site
- Bhiwandi warehouse
- Court's remark
- You try to kill a mosquito with a sword
- Next hearing
- August 10
Quotes
Acting Chief Justice Ravindra Ghuge and Justice Gautam Ankhad
Bombay High Court judges
“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.”
indianexpress.com
NDTV
“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.”
NDTV
Sources
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