Court Finds Lack of Due Process in License Suspension Under Food Safety and Standards Act
In a significant judgment, the Bombay High Court (Aurangabad Bench) has provided ad-interim relief to Sai Jatin Doodh Sankalan and Shitkaran by staying the suspension of their milk processing unit licenses. The court found that the suspension orders issued by the Assistant Commissioner of Food and Drug Administration (FDA), Maharashtra, were unjustified due to non-compliance with procedural requirements under the Food Safety and Standards Act, 2006.
The writ petitions, numbered 7801 of 2026 and 7821 of 2026, challenged the orders dated 10th and 6th July 2026, respectively. The petitioners argued that the licenses were suspended without issuing an improvement notice or providing an opportunity for a hearing, as mandated by Section 32 of the Food Safety and Standards Act.
Justice S. G. Chapalgaonkar noted that the inspection reports indicated satisfactory compliance by the petitioners, with scores of 89% and 87% in the respective units, categorizing them under Grade-A according to the Food Safety Inspection Guidelines. The deficiencies noted were deemed trivial, such as broken tiles and an open drainage chamber, which did not warrant immediate suspension of licenses.
The court observed that the FDA’s actions lacked the exigency required for such drastic measures without following due process. The court’s decision underscores the importance of procedural fairness, highlighting that authorities must adhere to the statutory requirements of issuing an improvement notice and allowing a hearing before suspending licenses.
The respondents have been notified to respond by 5th August 2026, while the ad-interim relief will remain in effect until then. The court's judgment reinforces the necessity of balancing regulatory enforcement with the rights of entities to due process.
Bottom Line:
Suspension of milk processing unit licenses under Section 32 of the Food Safety and Standards Act, 2006 cannot be justified without issuing an improvement notice or providing an opportunity of hearing to the petitioners.
Statutory provision(s): Food Safety and Standards Act, 2006, Section 32
