Mumbai: Maharashtra FDA Commissioner Tukaram Mundhe’s aggressive crackdown on food and drug violations has run into a sharp reality check from the Bombay High Court.
The court has questioned the way the Food and Drug Administration (FDA) handled two separate cases involving five eateries at the Mumbai Cricket Association (MCA) premises and Cipla’s facility in Pune. In both matters, the FDA eventually agreed to withdraw the orders that had triggered the disputes.
The MCA case came up after the FDA suspended the licences of five restaurants operating at the MCA’s Bandra-Kurla Complex premises. The action followed inspections in which officials found several food safety and hygiene related problems.
But things changed after another inspection was carried out. The establishments were found to be 88 per cent compliant, prompting the High Court to question why their licences were still not being restored.
The court made it clear that while food safety cannot be taken lightly, the regulator also has to look at the facts before taking an extreme step. Following the court’s intervention, the FDA agreed to withdraw the suspension, allowing the eateries to reopen.
The High Court was equally critical in a separate case involving Cipla Pharma & Life Sciences Ltd’s facility at Wadki in Pune.
The FDA had cancelled the drug sale licences of the facility over alleged regulatory violations linked to the packaging and recall of Reactin Plus tablets. However, the court questioned the procedure followed by the regulator.
One issue that particularly concerned the court was that Cipla had been called for a hearing by email on a public holiday declared by the Maharashtra government. The judges described the FDA’s approach as high handed and said the action appeared to go against the basic principles of natural justice.
The FDA subsequently withdrew the licence cancellation.
The court’s comments come at a time when Mundhe has become known for a no nonsense approach to food safety. Since taking charge in May, FDA teams have carried out more than 3,000 inspections, covering everything from small food outlets to major establishments.
Mundhe’s crackdown has attracted considerable public attention, particularly because of the regulator’s tough action against unhygienic food businesses.
But the latest court proceedings underline an important point being strict is one thing; being arbitrary is another.
The High Court has not questioned the need for strong action against food and drug violations. Instead, its message is that even a powerful regulator must follow the law, consider fresh evidence and give affected businesses a fair hearing.
For Mundhe and the Maharashtra FDA, the challenge now will be to continue the crackdown without allowing speed and strictness to come at the cost of due process.
ALSO READ: Maharashtra FDA Cancels Cipla Facility Drug Licences Over Reactin Plus Irregularities
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