Bombay HC Fines Maharashtra FDA Rs 5 Lakh for Wrongful Shop Closure

The Bombay High Court has imposed a substantial Rs 5 lakh fine on the Maharashtra Food and Drugs Administration (FDA), sharply criticizing the agency for what it termed ‘torturing citizens’ through the unwarranted and prolonged closure of a Pune sweet shop.

This significant judicial order stemmed from the FDA’s decision to keep Gurunanak Dairy and Sweets closed for an egregious 34 days. This period of suspension persisted even after a re-inspection unequivocally demonstrated the establishment’s 98% compliance with critical food safety regulations.

Court Rejects FDA’s Rationale

Acting on a challenge filed by the affected sweet shop, the High Court moved swiftly to revoke the existing suspension order, thereby enabling the business to resume its operations without further delay.

The FDA had attempted to justify the continued closure by citing a pending internal appeal. However, the court explicitly dismissed this explanation, labeling it a ‘lame excuse’ that lacked any substantive basis for maintaining the suspension.

Defining Limits of Regulatory Power

The court’s ruling carefully distinguished its position, asserting that it did not dispute the FDA’s fundamental and broader mandate to enforce stringent food safety standards across the state.

However, it firmly concluded that in this particular instance, especially following the clear re-inspection results, the FDA had clearly overstepped the boundaries of its legitimate authority.

This judgment serves as a critical reminder of the judiciary’s oversight role, ensuring that regulatory bodies exercise their powers judiciously and in accordance with factual evidence, particularly when impacting local businesses.