High Court of Bombay

Nestle India Limited v. The Food Safety and Standards Authority of India and Ors.

MANU/MH/1937/2015

13.08.2015

Civil

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

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

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