'Using a Sword To Kill a Mosquito': Why the Bombay High Court Criticised Tukaram Mundhe-Led Maharashtra FDA

The Bombay High Court on Tuesday, August 11, sharply criticised the Maharashtra Food and Drug Administration (FDA) for taking heavy-handed enforcement measures, remarking that the regulatory body is using "a sword to kill a mosquito" and acting before granting a fair hearing. Hearing a petition filed by Cadila Pharmaceuticals challenging a state-wide ban and stock seizure over branding similarities, a division bench comprising Acting Chief Justice Ravindra Ghuge and Justice Gautam Ankhad directed the agency to exercise its powers judiciously, reported PTI.

Following the court's strict observations, the FDA agreed to revoke its orders against the pharmaceutical company, issue show-cause notices, and provide a formal hearing before issuing a reasoned order. Tukaram Mundhe-Led Maharashtra FDA Suspends Blinkit's Malad Warehouse Licence; Know the Reason.

Cadila Pharmaceuticals Case and Court Concerns

Cadila Pharmaceuticals Ltd had approached the high court to contest the FDA’s decision to bar the sale and distribution of select medicines - specifically Aciloc 150, Aciloc 150 Plus, Aciloc 300, and Aciloc 300 Plus - along with the seizure of stock worth INR 2.45 crore across Maharashtra. The company argued that the injunctions were imposed without granting them an opportunity to present their case. Government pleader Neha Bhide defended the regulator’s stance, stating that the action stemmed from confusion surrounding the branding of the medicines and was intended as a preventive measure rather than a high-handed intervention.

However, the bench expressed deep concern over the wider public impact of sudden product bans, emphasising patient welfare above corporate losses. “We are not worried about the loss faced by the company in the past two weeks since the order was passed. We are worried about those people who have not had access to these medicines,” the high court observed.

A Pattern of 'Shoot First' Actions

Warning the FDA against imposing heavy costs due to a rising number of similar petitions, the bench criticised the agency's overarching enforcement style. "You (FDA) have the power to use a sword, but the problem is you are using it to kill a mosquito. The power has to be judiciously exercised. It has to be used properly. Even in the cases of hotels and restaurants, you shoot first and then ask questions,” the bench remarked. The high court had previously used the same phrase during a Friday hearing while chiding the regulator for drastic actions taken against an Amazon Retail India warehouse. FDA Seizes Kaju Katli at Reliance Retail Outlet in Buldhana Over Quality Concerns.

While the court has previously acknowledged the necessity of cracking down on regulatory violations - particularly following a series of high-profile raids on restaurants and food establishments since IAS officer Tukaram Mundhe took the helm in May - it stressed that sweeping closures and snap shutdowns must be handled systematically rather than arbitrarily. Following the government pleader’s submission that the FDA would withdraw the disputed orders against Cadila and follow due process, the High Court accepted the statement and disposed of the petition.

(The above story first appeared on LatestLY on Aug 12, 2026 03:38 PM IST. For more news and updates on politics, world, sports, entertainment and lifestyle, log on to our website latestly.com).