Amazon case: Why did Bombay High Court say Tukaram Mundhe-led FDA was ‘killing a mosquito with a sword’?

The Bombay High Court on Friday slammed the Maharashtra Food and Drug Administration (FDA) for taking what it termed an excessive step against an Amazon Retail India warehouse, saying the agency was attempting to "kill a mosquito with a sword."

A division bench comprising Acting Chief Justice Ravindra Ghuge and Justice Gautam Ankhad acknowledged the FDA's efforts to enforce regulatory norms but questioned whether shutting down commercial establishments was an appropriate response to violations, according to PTI.

The court also urged the FDA to adopt a more structured and measured approach. The agency has recently drawn attention for conducting a series of raids on food businesses, including several prominent eateries, following IAS officer Tukaram Mundhe's appointment as its head in May.

"We need to tell you that in order to implement your policies vigorously, you try to kill a mosquito with a sword," the bench said.

What happened?

Amazon Retail India approached the Bombay High Court after the FDA took action against its Bhiwandi warehouse over allegations that expired food products were sent into the retail market rather than being destroyed.

Representing Amazon, lawyer Venkatesh Dhond told the court that FDA officials inspected the warehouse on June 24 and suspended its licence the following day without serving an "improvement notice".

Amazon subsequently filed an appeal before the relevant authority. However, while the appeal was still pending, the FDA issued a show-cause notice on July 1 and later cancelled the warehouse's licence.

"During the appeal, how can there be a cancellation order? It is a settled law that during the appeal period, no such action can be taken," the judges observed.

"Therefore, we need to tell you that in order to implement your policies vigorously, you try to kill a mosquito with a sword. Procedure has to be followed," the High Court said.

What FDA claimed

The FDA conducted an inspection of Amazon Retail India Pvt Ltd's logistics warehouse in Saravali, Bhiwandi, where officials allegedly found nearly 1.5 tonnes of expired and damaged food items worth around ₹1.68 lakh being stored without authorisation, as per a report by Mid Day.

Following the inspection, an FIR was registered against the warehouse's facility manager, a trader and others under relevant provisions of the Bharatiya Nyaya Sanhita (BNS). The food safety licence issued to the warehouse has also been suspended.

Meanwhile, government pleader Neha Bhide requested additional time to submit an affidavit on behalf of the FDA. The Bombay High Court is scheduled to hear the matter on August 10.

IIT Bombay FDA food inspection

Meanwhile, the Maharashtra FDA said it has served notices on two mess facilities at the Indian Institute of Technology Bombay and directed them to stop operations for allegedly operating without the required permissions and registrations.

The FDA stated its officials inspected the messes at Hostels 1 and 2 on the IIT campus in Powai on Friday and found that the operators did not have the necessary approvals and registrations to run the food facilities, as per PTI.

Following the inspection, the operators were instructed to suspend their operations, the regulator said.

During separate inspections at the mess facilities in Hostels 12, 13 and 14, FDA officials identified certain deficiencies and issued a notice to the caterer, advising it to take corrective measures.