Tukaram Mundhe led-FDA ordered to pay Rs 5 lakh fine to a Pune sweet shop for suspending licence despite 98% compliance

The Bombay High Court has directed the Maharashtra Food and Drug Administration (FDA) to pay Rs 5 lakh compensation to a Pune-based sweets shop after questioning the continued suspension of its food licence, a report by ANI stated. The court found it difficult to justify keeping the licence suspended when a follow-up inspection showed that the shop had complied with 35 of 36 safety parameters. The FDA must pay the compensation within 30 days.

HC questions FDA action lef by Tukaram Mundhe

The case began after the FDA suspended the shop's licence on June 12 following an inspection that found problems related to hygiene, sanitation and the handling of food items. The action also followed a complaint of suspected food poisoning involving products from the establishment.

Also Read: Railway passengers, beware of what you buy onboard: IRCTC seizes 8,000+ water bottles, ice creams & other food products


The shop later submitted a compliance report and underwent another inspection on July 13. The re-inspection found compliance with 98% of the required parameters, with 35 out of 36 conditions meeting the prescribed standards.

Despite this, the licence remained suspended, prompting the shop owner to approach the Bombay High Court. The owner claimed that the suspension had caused losses of around Rs 8.74 lakh.

A division bench comprising Acting Chief Justice Ravindra Ghuge and Justice Gautam Ankhad questioned why the licence was not restored after the substantial compliance found during the second inspection.

The bench said ensuring food safety was an important responsibility of the FDA, but the department also had to follow the law and established procedure while taking regulatory action.

The court described the continued suspension as arbitrary and set aside the FDA's action. It also allowed the Pune sweets shop to resume business.

Tukaram Mundhe Express Surprise at the Court Order

Maharashtra FDA Commissioner Tukaram Mundhe expressed surprise at the court's decision and said the department would examine the written order before deciding its next legal step.

Speaking to ANI, Mundhe said: "The order in the Pune-based sweets shop case is surprising for us. However, the written order is yet to come, and we will see when it comes. But we will use our legal option here."

Mundhe defended the original action, saying the FDA had acted after consumers fell ill following the consumption of products from the shop.

"It was a case of food poisoning, and those who consumed the sweets were hospitalised, and the report is 'unsafe'. So, the action we took was correct; there was nothing wrong there... We stand by what we say. Once the Court order comes, we will examine it and take further legal action," the Commissioner added.

FDA's wider food safety drive

The court's order comes as the Maharashtra FDA has been carrying out inspections of food businesses across the state.

On August 13, the department conducted a special inspection drive targeting establishments selling food through online delivery platforms. Officials inspected 86 establishments during the exercise.

The FDA said it ordered one establishment to stop business operations immediately and issued 60 improvement notices. It also suspended 14 food business licences with immediate effect.

The department also seized 698 kg of milk and dairy products valued at Rs 34,302 during its statewide action.

In separate cases involving banned products such as pan masala and gutkha, the FDA registered 10 FIRs and arrested nine people. Officials seized stock worth Rs 46.76 lakh in those cases.

The department also reported the seizure of around 1,270 kg of other food products, including milk and dairy items, bakery products and edible oil, valued at about Rs 1.29 lakh.

Commissioner calls for public participation

Mundhe has also urged consumers to play a role in identifying food safety violations. He said safe food and medicines were necessary for maintaining a healthy population and supporting India's development.

"I think this is really important. Besides support, participation is also important. I had said earlier too that this should become a public movement. I think we are taking the first step towards it. People are joining in because this is important for everyone's health. If we have to take India forward and make this a healthy and strong India, a superpower, we have to have a Healthy India. If we have to make this a Healthy India, every citizen will have to stay healthy. So, food and medicine should be safe and standard. So, this work is in that direction," she said.

He also called for greater compliance by food businesses and said regulators should not have to intervene when establishments follow safety rules.

"It is the responsibility of everyone to participate in this. If something wrong happens, report it. As regulators, we will work. Food business operators, enterprises, and drug licenses should follow the regulations. If we are able to do this, I will not need to take regulatory actions...We want to head in a direction where there is 100% self-compliance, and regulators need not take action," he added.

(Inputs from ANI)