The Maharashtra Food and Drug Administration (FDA) is trying to "kill a mosquito with a sword," the Bombay High Court said on Friday, chiding the agency for a drastic action against a warehouse of Amazon Retail India.
A bench of Acting Chief Justice Ravindra Ghuge and Justice Gautam Ankhad lauded the FDA's crackdown against violations of rules, but asked whether shutting down all commercial establishments was the way to deal with the situation.
It advised the agency, which is in the news for a slew of raids on food establishments including some famous eateries since IAS officer Tukaram Mundhe was appointed at its helm in May, to act in a systematic way.
"We need to tell you that in order to implement your policies vigorously, you try to kill a mosquito with a sword," the bench said.
Amazon Retail India moved the High Court after the FDA took action against its Bhiwandi warehouse for allegedly sending expired food into the retail market instead of destroying it.
Venkatesh Dhond, Amazon's lawyer, submitted that FDA officers visited the warehouse on June 24 and suspended its licence the next day without issuing an "improvement notice".
An appeal was filed before the concerned authority. But even as the appeal was pending, the FDA on July 1 issued a show-cause notice and subsequently cancelled the licence.
"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," the judges said.
"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," the High Court said.
Government pleader Neha Bhide sought time to file an affidavit on behalf of the FDA.
The High Court will hear the matter on August 10.
(Except for the headline, this story has not been edited by NDTV staff and is published from a syndicated feed.)
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