Bombay High Court Fines Maharashtra FDA Rs 5 Lakh Over Pune Sweet Shop Licence Suspension

Bombay High Court
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Pune, 17th August 2026: The Bombay High Court has imposed a ₹5 lakh fine on the Maharashtra Food and Drug Administration (FDA) over the continued suspension of the licence of a Pune-based sweet shop, Gurunanak Dairy and Sweets, despite a subsequent inspection finding that the establishment had complied with 98% of the prescribed requirements.

The court criticised the FDA for what it termed excessive action in cases where establishments had substantially addressed the deficiencies identified during inspections.

A division bench comprising Acting Chief Justice Ravindra V. Ghuge and Justice Gautam A. Ankhad passed the order on Monday in connection with the Pune sweet shop case.

The court observed that the FDA’s objective of protecting public health was commendable, but said the authority’s approach should remain within the framework of law and should not become excessive.

Court questions continued suspension of licence
According to the observations recorded by the court, a subsequent inspection had found that the establishment had complied with 98% of the requirements. The bench said that, in such circumstances, the licence should have been restored promptly.

The court questioned the FDA’s approach of keeping food establishments’ licences suspended even after inspection reports indicated compliance.

The bench observed that while the FDA’s intention to protect citizens’ health was good and its initiatives in this regard had been noticed by the court, there was also a need to prevent “excess” in enforcement.

The court further indicated that continuing to suspend licences despite substantial compliance could have adverse consequences for establishments.

Earlier concern over FDA’s enforcement approach
The High Court has previously scrutinised the FDA’s enforcement actions and stressed the need for authorities to follow due process while taking regulatory action against food establishments.

In a separate matter last month, the court directed restoration of the food licence of Pune’s Camp-based restaurant Pind Punjab after a fresh inspection found full compliance. The court held that the earlier suspension order had ceased to have effect following the establishment’s compliance.

The latest order comes amid increased enforcement activity by the Maharashtra FDA under Commissioner Tukaram Mundhe, including inspections and action against food and other establishments. The High Court has, however, also emphasised that regulatory powers must be exercised judiciously and in accordance with prescribed procedures.