)
Maharashtra’s food and drug administration (FDA) has sought the opinion of the department of law and judiciary on approaching the Supreme Court against the high court order lifting the ban imposed on Nestlé India’s Maggi noodles.
“FDA has sought the law department’s opinion on the court’s observation on the violation of principles of natural justice and the Indian laboratories where Maggi were tested were not accredited and, therefore, not competent to give findings on lead content. Besides, the department’s view has also been sought on the issue of high court ordering rechecking of samples, which are with Nestlé and not allowing the sealed random samples drawn as per the procedure by the state FDA,’’ commissioner Harshdeep Kamble told Business Standard.
Read more from our special coverage on "NESTLE MAGGI CONTROVERSY"
He informed the state food regulator expects to receive the department’s opinion within a week, which will then be referred to state FDA minister Girish Bapat for approval.
Based on the department’s opinion, the government will decide whether or not to file the petition in the Supreme Court against the high court judgment.
The court in its order delivered on August 13 had upheld Nestle India's argument that the "principles of natural justice." The company on its part had claimed that the ban was "unauthorised, arbitrary, unconstitutional for violating right to equality and trade'' and had violated the principles of natural justice as it had not been given proper hearing.
This apart, the high court also observed that procedures were not followed by the Food Safety Standard Association of India (FSSAI) and the state FDA before the imposition of ban. Further, the court had also questioned the manner in which a show cause notice was not issued before the ban.
Moreover, the high court raised serious doubts on the results of the samples tested at authorized laboratories that were accredited to the National Accreditation Board for Testing and Calibration Laboratories.
