Case Note & Summary
The petitioner, Nestle India Limited, a public limited company engaged in manufacturing and marketing food products, held a licence under the Prevention of Food Adulteration Act, 1954. The Licensing Officer and Assistant Commissioner (Food), Nagpur Division, issued an order suspending the petitioner's licence under Section 32-A of the Act. The petitioner challenged this suspension order by filing two writ petitions (Writ Petition No. 2514 of 2010 and Writ Petition No. 2515 of 2010) before the Bombay High Court, Nagpur Bench. The primary legal issue was whether the suspension order was passed in violation of the principles of natural justice, as the petitioner was not given any notice or opportunity of hearing before the order was passed. The petitioner argued that the order was arbitrary and illegal. The respondents, represented by the Assistant Government Pleader, did not contest the matter on merits. The Court, after hearing the parties, observed that the Licensing Officer had the power to suspend the licence under Section 32-A of the Act, but such power must be exercised in accordance with the principles of natural justice. Since no opportunity of hearing was afforded to the petitioner, the suspension order was quashed and set aside. The Court directed the respondents to restore the licence and allow the petitioner to carry on its business. The rule was made absolute in both petitions.
Headnote
A) Administrative Law - Principles of Natural Justice - Suspension of Licence - Section 32-A Prevention of Food Adulteration Act, 1954 - The Licensing Officer suspended the petitioner's licence without giving any notice or opportunity of hearing. The Court held that the order was passed in gross violation of principles of natural justice and set aside the suspension order. (Paras 2-5) B) Food Adulteration - Suspension of Licence - Opportunity of Hearing - Section 22-B Prevention of Food Adulteration Act, 1954 - The Court noted that the Licensing Officer had the power to suspend the licence under Section 32-A but must follow the principles of natural justice. The order was quashed and set aside. (Paras 4-5)
Issue of Consideration
Whether the order of suspension of the petitioner's licence under Section 32-A of the Prevention of Food Adulteration Act, 1954 was passed in violation of principles of natural justice and without affording an opportunity of hearing.
Final Decision
The Court allowed the writ petitions, quashed and set aside the suspension order, and directed the respondents to restore the licence and allow the petitioner to carry on its business. Rule made absolute in both petitions.
Law Points
- Principles of natural justice
- opportunity of hearing
- suspension of licence
- Section 32-A Prevention of Food Adulteration Act
- 1954
- Section 22-B Prevention of Food Adulteration Act
