‘Trying To Kill A Mosquito With A Sword’: Bombay HC Criticises FDA’s Approach In Amazon Bhiwandi Warehouse Licence Case
· Free Press Journal
Mumbai, August 7, 2026: Observing that the Maharashtra Food and Drug Administration (FDA) was trying to “kill a mosquito with a sword” while enforcing its policies, the Bombay High Court on Friday criticised the regulator for taking what it described as an excessively harsh approach against Amazon Retail India.
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A bench of Acting Chief Justice Ravindra Ghuge and Justice Gautam Ankhad made the remark while hearing Amazon Retail India’s petition challenging the suspension and subsequent cancellation of the food licence of its Bhiwandi warehouse.
The FDA had alleged that expired food products meant for scientific disposal were instead being sent into the retail market. Amazon has denied the allegations and challenged the action before the High Court.
Court Questions FDA Procedure
During the hearing, the bench said that while it appreciated the FDA’s efforts to enforce food safety laws, the regulator must follow the legal procedure.
“We need to tell you that in order to implement your policies vigorously, you try to kill a mosquito with a sword,” the bench observed.
Senior advocate Venkatesh Dhond, appearing for Amazon Retail India, told the court that FDA officials inspected the Bhiwandi warehouse on June 24 and suspended its licence the very next day without first issuing an improvement notice.
According to Dhond, the issue related only to the disposal of expired food products under the Food Safety regulations and not to the overall functioning of the warehouse.
He further submitted that although the FDA issued a show-cause notice on July 1, it proceeded to cancel the licence even while Amazon’s appeal against the suspension was pending.
Bench Seeks Systematic Enforcement
Questioning the action, Justice Ghuge said, “During the appeal, how can there be a cancellation order? It is settled law that during the appeal period, no such action can be taken. Procedure has to be followed.”
When Government Pleader Neha Bhide informed the court that the FDA would file an affidavit in response to the petition, the bench said it appreciated the regulator’s intention to act against violations but stressed that enforcement should be carried out systematically.
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The matter will be heard further after the FDA files its reply.
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