Bombay HC Stays FDA Action Against Milk Vendors, Cites Violation Of Due Process

Bombay High Court granted interim stay on FDA suspension of licences for milk suppliers and vendors in Chhatrapati Sambhajinagar.

Justice S.G. Chapalgaonkar held that due process under Section 32 of the Food Safety and Standards Act was violated by not issuing an improvement notice or providing a hearing.

FDA had suspended licences for alleged violations, but court observed deficiencies were not serious enough to warrant closure or suspension without prior notice.

Petitioners argued minor deficiencies were found; their advocate Rahul Karpe said show-cause notice and hearing were required before suspension.

Government contended FDA officer had power to suspend without notice, but court found no exigency justifying the action.