Bombay HC criticises Food Regulator for Arbitrary Action in Maggi Ban Case

MUMBAI: The national ban on Maggi was not only arbitrary but also the officials who passed the order have acted in a motivated manner against the Nestle India feels the court while passing an order setting aside central and Maharashtra food regulator order.

On late Thursday, while passing an order, the division bench of Justice VM Kanade and Justice BP Colabawalla said in their 145 page order that respondents (food authorities) were aware that the petitioner (Nestle India) had recalled the its product on June 4 and the press release to that effect was given by the petitioner and under these circumstances it was not necessary to impose ban all over India.

"Action of the State of not supplying the material on the basis of which the action was taken and not giving a personal hearing to the Petitioner and issuing an order of ban when Petitioner itself had withdrawn the product clearly falls within the four corners of arbitrariness," said the court order uploaded in the late evening. "

Further criticising the role of chief executive ( CEO) of FSSAI and State FDA Maharashtra, the court said that the entire sequence culminating in imposition of ban on June 5 shows that there is something more that what meets the eye."

"What is most shocking is that though the samples of only three variants of the Maggi Noodles were taken all 9 variants of Maggi Noodles have been banned," further says the order. "Remaining six therefore have been banned only because lead was alleged to be found in excess of the permissible limit in other three. This is one other incident of highhandedness and arbitrariness and there was no plausible explanation given in the impugned orders or even before us for such an action."