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Nagpur: The Nagpur bench of Bombay High Court has directed the state govt to respond to a petition challenging Food and Drug Administration (FDA) commissioner Tukaram Mundhe’s June 12 directive calling for invocation of the Maharashtra Control of Organised Crime Act (MCOCA) against the illegal trade in gutka, tobacco and other banned food products. The petition assumes significance in light of a June 15 case registered at Deulgaon police station in Buldhana district against Shafi and others in connection with prohibited products, in which the FDA has sought action under MCOCA. However, it clarified that any move to invoke MCOCA would remain subject to the mandatory safeguards prescribed under Section 23 of the Act. Section 23 requires prior approval from an officer of the rank of deputy inspector general of police before information relating to an offence under MCOCA can be recorded. The matter has been posted for further hearing on Sept 4.
Mundhe had instructed FDA officials across Maharashtra to invoke relevant MCOCA provisions during enforcement action and coordinate with police commissioners and superintendents of police for joint investigations. the high court did not stay Mundhe’s directive While issuing notice to the respondents. It also mandates that investigations be conducted only by an officer not below the rank of deputy superintendent of police. The court further clarified that FDA officials may participate in an investigation only at the request of the concerned police officer. The state govt has sought additional time to file its detailed reply.
Investigation must be conducted by an officer not below DSP rank.