The Bombay High Court has yet again rapped the Maharashtra food safety body and ordered it to pay Rs 5 lakh to a sweets shop in Pune for keeping the licence suspended despite a 98 percent compliance report in a re-inspection. Notably, the Pune petitioner, which remained closed due to the licence suspension, lost Rs. 8.74 lakh in revenue after the food safety body’s action.

Calling the food safety body’s licence suspension orders a “strange policy and perversity“, the Bombay High Court cancelled the licence suspension order, permitting the petitioner – Gurunanak Dairy and Sweets – to restart its business.

The Maharashtra Food and Drug Administration (FDA) now has 30 days to pay Rs 5 lakh compensation to Gurunanak Dairy and Sweets shop.

“We have observed that your intention is laudable and some department has at least stood up. But you are going overboard. You should have immediately revoked the suspension of the licence once you noticed 98% compliance (in the re-inspection report),” the High Court remarked.

A bench of Acting Chief Justice Ravindra V Ghuge and Justice Gautam A Ankhad was hearing a plea by Gurunanak Dairy and Sweets from Pune, challenging the June 12 suspension of its food licence.

The FDA had initiated the action against the Pune sweets shop after receiving complaints of food poisoning. During an inspection, the food safety body observed several violations linked to sanitation, maintenance, and hygiene.

The Maharashtra FDA had suspended Gurunanak Dairy and Sweets’ licence despite a 98% compliance report

The Gurunanak Dairy and Sweets reached out to FDA Commissioner Tukaram Mundhe, addressing the observations through a compliance report on July 9. Four days later, an FDA officer reinspected the premises and awarded it 35 (98 percent) out of 36 marks in food safety compliance.

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However, the licence was not restored, prompting the petitioner to approach the HC.

‘Lost Rs 8.7 lakh’: Petitioner

Advocate Abhijeet Desai, representing the petitioner, argued that the business has been shut for 34 days, resulting in a revenue loss of Rs. 8.74 lakh. 

The FDA lawyer justified the non-revocation, saying the appeal was heard and closed for judgment on August 11.

“This is plain and simple perversity; absolutely strange policies. Once you clear with 98%, you say, now, go and file an appeal. What is this? Torturing citizens,” acting CJ Ghuge said.