Bombay HC Stays FDA Suspension of Chhatrapati Sambhajinagar Milk Licences

The Aurangabad Bench of the Bombay High Court granted an interim stay on the Food and Drug Administration's decision to suspend the licences of several milk suppliers and vendors in Chhatrapati Sambhajinagar. Justice S.G. Chapalgaonkar passed the order in separate petitions filed by the aggrieved suppliers and vendors, observing that the regulatory body failed to follow due process of law.

The action stems from decisions made by the Food and Drug Administration earlier this month, when the authority abruptly suspended the petitioners' licences over alleged violations of the Food Safety and Standards Act. The High Court held that the law explicitly mandates issuing an improvement notice and providing an opportunity for a hearing before taking such severe action against food vendors.

Appearing for the petitioners, Advocate Rahul Karpe argued before the court that inspectors had found only minor deficiencies during their visits. He maintained that a show-cause notice and an opportunity for a formal hearing should have been extended to the suppliers before any order to suspend their operating licences was issued.

In response, government counsel contended that the Food and Drug Administration officer had full power to suspend a licence without issuing prior notice. The court, however, rejected this stance, observing that the deficiencies identified in most cases were not severe enough to justify closing milk processing units or imposing sudden licence suspensions.

The bench noted that there was no exigency justifying drastic action without first issuing an improvement notice or allowing the petitioners a fair hearing. Issuing notice to the Food and Drug Administration, the High Court observed prima facie that the suspension order was "dehors" — or beyond the scope of — the requisite procedure laid down in Section 32 of the Food Safety and Standards Act.