HC questions FDA push to invoke MCOCA in food safety cases across Maha

Nagpur: The Nagpur bench of Bombay high court last week raised questions over a Maharashtra Food and Drug Administration (FDA) directive asking officials across the state to invoke provisions of Maharashtra Control of Organised Crime Act (MCOCA) in food safety enforcement cases, observing such action must strictly comply with statutory safeguards before slapping stringent provisions of the anti-organised crime law.A division bench comprising Justices Anil Kilor and Raj Wakode was hearing a criminal writ petition filed by Mohd Iqbal Mohd Shafi, who challenged a June 12, 2026, order issued by the FDA commissioner Tukaram Mundhe directing subordinate officers to ensure offences under MCOCA are invoked in every enforcement action involving prohibited food products.Senior counsel Subodh Dharmadhikari, appearing for the petitioner, argued the FDA commissioner exceeded his jurisdiction by issuing what he described as a “blanket direction” to food safety officers, assistant commissioners and joint commissioners across Maharashtra to push for registration of offences under MCOCA.The petition contended the Food Safety and Standards Act, 2006, empowers the commissioner only to regulate food safety enforcement and sanction prosecutions under that law, but does not authorise directions for automatic invocation of MCOCA provisions.The court was informed that an FIR was already registered against the petitioner and others at Deulgaon police station in Buldhana district on June 15 under provisions of Food Safety and Standards Act and Bharatiya Nyaya Sanhita in connection with alleged prohibited food products.

According to the petition, the food safety officer who lodged the complaint specifically relied upon FDA commissioner’s June 12 order and requested police to prosecute the accused under MCOCA as well.The petitioner argued the directive effectively compelled subordinate officers and police authorities to invoke the stringent law without independently satisfying statutory requirements laid down under Section 23 of MCOCA.During the hearing, Dharmadhikari pointed to provisions of Section 23, which mandate prior approval from a police officer not below the rank of deputy inspector general of police (DIG) before registration of an organised crime offence and require investigation only by officers not below the rank of deputy superintendent of police (DSP).Senior counsel and govt pleader Deven Chauhan pointed out there is no need of giving clarification because in the directives issued by FDA commissioner Tukaram Mundhe, there is already a requirement that unless provisions of MCOCA is not complied with, no registration can be done of the offenceAfter hearing both sides, the bench issued notice to the state govt and clarified that the FDA commissioner’s directions could operate subject to mandatory compliance with Section 23 of MCOCA in the petitioner’s case.Stopping short of staying the FDA order, the court clarified any coordination between FDA officials and police during investigation would also remain subject to requests made by competent police officers authorised under the law.