Nestle India Limited v. The Food Safety and Standards Authority of India and Ors. - (High Court of Bombay) (13 Aug 2015)

Order of FSSAI banning sale of Maggi Noodles in violation of principles of natural justice

MANU/MH/1937/2015

Civil

The Court held that the FSSAI did not give Nestle adequate opportunity to be heard before imposing a ban on the sale of Maggi Noodles. A show-cause notice was not issued to the Petitioner nor were all findings from tests conducted on the Petitioner's product shared, depriving it of an opportunity to file a reply. The order banning the sale of the product could not “strictly be a show-cause notice” since it imposed a complete ban on the product. The Court ordered further tests of the noodles, the satisfaction of which would allow Nestle to recommence manufacture and sale.

Relevant : A.K. Kraipak and others vs. Union of India and others MANU/SC/0427/1969 M/s. Dharampal Satyapal Ltd. vs. Deputy Commissioner of Central Excise, Gauhati & Ors. MANU/SC/0615/2015 Godawat Pan Masala Products I.P. Ltd. vs. Union of India and Others MANU/SC/0574/2004

Tags : FOOD ADULTERATION NATURAL JUSTICE SHOW CAUSE NOTICE