An order by Food and Drug Administration (FDA) Commissioner Tukaram Mundhe directing that provisions of the Maharashtra Control of Organised Crime Act (MCOCA) be invoked in cases involving gutka, tobacco and other banned food items has been challenged in the Bombay High Court through a criminal writ petition.
The petitioner has challenged Mundhe's June 12 order, arguing that the blanket direction to invoke MCOCA in every such case exceeds the FDA's jurisdiction.
While the High Court has not stayed Mundhe's order, it has made clear that invoking MCOCA is contingent on strict compliance with Section 23 of the Act, which the court described as mandatory.
The court has issued notice to the state government, granting it time to file a detailed response, with the matter next listed for hearing on September 4.
Under Section 23(1)(a) of MCOCA, a police officer cannot register any information or FIR relating to an organised crime without the prior permission of an officer of the rank of Deputy Inspector General of Police (DIG) or above.
Section 23(1)(b) further bars any officer below the rank of Deputy Superintendent of Police (DySP) from investigating cases under the Act.
Additionally, Section 23(2) mandates that no special court can take cognisance of any offence under MCOCA without the prior approval of an officer of the rank of Additional Director General of Police (ADG) or higher.
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The court also clarified that FDA officials can only join MCOCA investigations at the request of the police, and cannot independently carry out such probes.
The petition comes amid a wider crackdown by Mundhe's department on the sale and smuggling of gutka and other prohibited tobacco products across Maharashtra, with the FDA seeking to use the stringent anti-organised-crime law to strengthen enforcement action against habitual offenders and smuggling networks.
The Bombay High Court's insistence on procedural safeguards under Section 23 signals that while the FDA's broader enforcement drive against gutka trafficking remains intact for now, the manner in which MCOCA is applied in individual cases will face closer judicial scrutiny going forward.
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