Nagpur: The Nagpur Bench of the Bombay High Court has sought a response from the Maharashtra Government on a petition questioning the legality of a directive issued by the Commissioner of the Food and Drugs Administration (FDA), which instructs officials to initiate action under the Maharashtra Control of Organised Crime Act (MCOCA) in cases involving violations of food safety laws.

A Division Bench comprising Justice Anil S. Kilor and Justice Raj D. Wakode issued notice to the State while hearing a criminal writ petition filed by Mohd Iqbal Mohd Shafi, who has challenged the Commissioner’s order dated June 12, 2026.

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The petitioner contended that the FDA Commissioner exceeded the authority conferred under the Food Safety and Standards Act, 2006, by issuing a general direction to subordinate officers across Maharashtra to ensure that MCOCA provisions are invoked in enforcement actions concerning banned or prohibited food products.

Appearing on behalf of the petitioner, Senior Advocate S. P. Dharmadhikari argued that the Commissioner does not possess statutory powers to mandate the application of MCOCA through an administrative order. He submitted that the decision to invoke provisions of organised crime legislation rests with the competent police authorities and must strictly follow the legal safeguards prescribed under the MCOCA.

The petition states that an FIR was registered against Mohd Iqbal Mohd Shafi and others at Deulgaon Police Station in Buldhana district on June 15, 2026, under provisions of the Food Safety and Standards Act and the Bharatiya Nyaya Sanhita (BNS). According to the petitioner, the complaint filed by the Food Safety Officer specifically referred to the Commissioner’s directive and requested that proceedings also be initiated under the MCOCA.

Expressing apprehension that the police could invoke the stringent provisions of the organised crime law solely on the basis of the Commissioner’s circular, the petitioner approached the High Court seeking judicial intervention.

After hearing submissions from both sides, the Division Bench issued notice to the State Government and scheduled the matter for further hearing on July 24, 2026.

While passing the order, the High Court clarified that any action under the Commissioner’s directive must strictly comply with the statutory requirements contained in Section 23 of the Maharashtra Control of Organised Crime Act. The Bench observed that registration of an organised crime offence requires prior approval from a police officer not below the rank of Deputy Inspector General of Police (DIG), while the investigation must be conducted only by an officer of the rank of Deputy Superintendent of Police (DSP) or above.

The Court further observed that officials of the Food and Drugs Administration can assist the investigating agency only when such assistance is specifically sought by the investigating officer in accordance with the provisions of law, and cannot independently undertake functions reserved for the police under the MCOCA.

Senior Advocate S. P. Dharmadhikari, assisted by Advocates C. S. Dharmadhikari, R. S. Kalangiwale and Tejas P. Deshpande, appeared for the petitioner, while Senior Advocate and Government Pleader D. V. Chauhan represented the respondents.