Mumbai, Aug 10: The Bombay High Court on Monday directed Amazon Retail India to hand over all expired and perished items from its warehouse in Bhiwandi, Thane district, to the Maharashtra Food and Drug Administration (FDA) for scientific disposal, and ordered the e-commerce firm to bear the cost of the exercise.
Court sets interim process, seeks FDA affidavit
A bench comprising Acting Chief Justice Ravindra Ghuge and Justice Gautam Ankhad said the petitioner — Amazon Retail India — should prepare an inventory of expired and perished goods in the Bhiwandi facility and hand them over to the concerned FDA officer. The officer, the court added, will take steps required by law to dispose of those items.
The court also directed the Maharashtra FDA to file its affidavit in response to Amazon's petition challenging the suspension of the warehouse licence by August 27, according to the order made available in court records.
Background: licence suspension and cancellation
In its petition, Amazon said FDA officers visited the Bhiwandi warehouse on June 24 and suspended the licence the following day without issuing an improvement notice. Amazon said it filed an appeal with the concerned authority, but on July 1 the FDA issued a show-cause notice and cancelled the licence while the appeal was pending.
The action by the FDA followed allegations that the warehouse had sent expired food items into the retail market instead of destroying them — an accusation that prompted the company to approach the high court seeking relief and quashing of the licence cancellation.
HC criticism of FDA’s approach
The bench had, earlier that week, sharply criticised the FDA for its handling of the matter and for adopting what the court described as an unduly heavy-handed approach in implementing policy. The court observed that, while regulatory agencies must act, they should do so in a measured and systematic manner.
“...trying to kill a mosquito with a sword,”
The remark was made by the court in its earlier hearing, as recorded in the order, and reflected its concern over procedural lapses alleged by Amazon in the sequence of notices and cancellation.
Interim remedy and practical implications
As an interim arrangement, the court’s direction places responsibility on Amazon to compile a complete inventory of all expired and perished items at the Bhiwandi warehouse and surrender them to the FDA officer designated for disposal. The FDA is empowered to effect scientific disposal under existing laws and rules, with the company to meet the expenses incurred.
This ruling has immediate practical consequences for inventory management and regulatory compliance at e-commerce fulfilment centres across the state. Firms operating food and perishable supply chains will need to ensure strict adherence to expiry tracking, disposal protocols and statutory notice periods when regulatory action is contemplated.
Timeline of key actions
| Date | Action |
|---|---|
| June 24 | FDA officers visited the Bhiwandi warehouse |
| June 25 | Licence suspended by FDA |
| July 1 | Show-cause notice issued and licence cancelled, according to petitioner |
| Aug 10 | Bombay HC ordered inventory and handover of expired goods; directed FDA to file affidavit by Aug 27 |
What officials said and next steps
The court’s order requires the Maharashtra FDA to respond by filing an affidavit setting out the factual and legal basis for its actions. Pending that affidavit, the inventory and handover mechanism ordered by the court will be used to secure and dispose of the allegedly expired items.
The FDA has been in the spotlight in Maharashtra for a series of raids and enforcement actions since the appointment of IAS officer Tukaram Mundhe as its head in May. The agency’s intensified inspections have included well-known eateries as well as food businesses across the state.
Wider regulatory context
Businesses that handle food and pharmaceutical products must follow strict record-keeping, labelling and disposal norms. Courts generally expect regulatory authorities to follow established procedures such as serving improvement or show-cause notices and allowing the statutory processes to run their course; deviations from those procedures can invite judicial scrutiny, as in this case.
- Immediate order: Amazon to hand over expired goods from Bhiwandi warehouse to Maharashtra FDA.
- Cost liability: Amazon to bear expense of scientific disposal.
- Next filing: FDA to file affidavit by Aug 27 detailing its action and rationale.
The high court’s directions now set the stage for a fuller hearing on the merits after the FDA’s affidavit is on record. The outcome will be watched closely by logistics and e-commerce operators in Maharashtra, and by consumers concerned about supply-chain checks on food safety.
