Bombay High Court Stays FDA's Suspension of Milk Supplier Licences, Criticises 'Drastic Action'

The Aurangabad bench of the Bombay High Court has temporarily stayed the Food and Drug Administration's (FDA) order suspending licences of several milk suppliers and vendors. The court termed the suspension a 'drastic action' and noted that the FDA had failed to follow proper procedure before issuing the order.

Justice S C Chapalgaonkar, hearing the petitions filed by the affected milk vendors and suppliers, observed that the FDA had not issued any improvement notice before suspending the licences. The court also noted that the petitioners were not given an opportunity to be heard or informed of the specific deficiencies in their operations.

Earlier this month, the FDA, led by Tukaram Mundhe, had conducted inspections and found repeated instances of adulteration, synthetic milk production, and other violations. Based on these findings, the FDA suspended the licences of the suppliers, citing threats to public health. However, the court found that the urgency claimed by the FDA did not justify bypassing the statutory requirement of a pre-suspension hearing.

The interim stay will remain in effect until the next hearing, providing temporary relief to the affected milk vendors. The court has directed the FDA to file its response and ensure that future actions comply with the principles of natural justice.

This case highlights the tension between the need to enforce food safety regulations and the legal requirement to follow due process. The FDA had argued that the adulteration of milk posed a serious health risk, but the court stressed that even in cases of urgency, authorities must adhere to established procedures.

The matter is likely to be heard again in the coming weeks. Meanwhile, the FDA has stated that it will take corrective measures to address the court's concerns while continuing its efforts to curb milk adulteration.