Bombay HC Slams FDA’s ‘High-Handed’ Cancellation of Cipla’s Pune Licence

Bombay HC Slams FDA’s ‘High-Handed’ Cancellation of Cipla’s Pune Licence

The Maharashtra Food and Drug Administration (FDA) has been forced to withdraw its cancellation of Cipla Pharma & Life Sciences’ wholesale drug licences for its distribution hub at Wadki, Pune, after the Bombay High Court criticised the regulator’s handling of the case as “high-handed” and in violation of natural justice. The withdrawal came days after the FDA had ordered the licences cancelled with effect from August 27, over alleged packaging and storage irregularities linked to a drug called Reactin Plus, according to Bar and Bench.

What went wrong procedurally

The FDA issued a show-cause notice to Cipla on August 13 following inspections at the Wadki facility, and the company submitted a detailed reply on August 25. The dispute escalated when the FDA emailed Cipla around noon on August 26, a state holiday, asking a representative to appear for a personal hearing that same day. Cipla sent an administrative employee to hand over a written request for an adjournment. Instead of granting one, the authority handed the employee the final cancellation order, according to Free Press Journal.

A bench of Acting Chief Justice Ravindra Ghuge and Justice Gautam Ankhad heard the matter on August 29. “Notice of hearing was given on August 26 on a state holiday and your office was not open. How is it appropriate?” the court asked. The judges called the FDA’s procedure incorrect and its order a violation of natural justice. Facing the bench, the FDA agreed to withdraw the cancellation. The court then directed the regulator to issue a fresh show-cause notice and reach a reasoned decision before September 4.

Why this matters beyond one company

Pune’s civic and health apparatus rarely gets tested this directly on due process. The Wadki facility is Cipla’s primary carrying-and-forwarding hub for the state: it supplies roughly 180 customers, including pharmacies, hospitals and distributors, and moves more than 4.3 lakh medicine units a month across Maharashtra. A cancellation taking effect, even briefly, risked disrupting medicine availability well beyond Pune before any final finding of wrongdoing was established.

Regulatory bodies like the FDA hold real power to halt a company’s operations. That power carries an obligation to give a fair hearing before acting, not after. A same-day notice on a holiday, followed by an order handed over in place of the requested adjournment, undermines the credibility of enforcement action, even when the underlying packaging or labelling complaint may be legitimate.

What it means for residents

For patients and pharmacies across Maharashtra who rely on Cipla’s supply chain, the immediate risk of disruption has passed. But the case is a reminder that drug regulation in the state runs on paperwork and timelines that most residents never see, until a licence cancellation threatens to interrupt medicine supply at scale. The underlying quality complaint about Reactin Plus has not been resolved; it has only been sent back for a properly conducted hearing.

What to watch next

The FDA is now required to issue a fresh, properly served show-cause notice and reach a reasoned decision by September 4. How the regulator handles that second attempt — and whether it treats the underlying packaging complaint with more rigour this time — will determine whether this was a one-off procedural lapse or a sign of wider process gaps at the state drug regulator.

Sources: Bar and Bench, Free Press Journal

This report was compiled and written with AI assistance from publicly reported sources, and reviewed for accuracy.