A bench comprising Acting Chief Justice Ravindra Ghuge and Justice Gautam Ankhad acknowledged the FDA's efforts to crack down on violations of food safety rules but questioned whether shutting down entire commercial establishments was the appropriate way to deal with such violations.

The Court also advised the FDA to adopt a more systematic approach while enforcing food safety regulations.

"We need to tell you that in order to implement your policies vigorously, you try to kill a mosquito with a sword," the bench remarked.

The observations came during the hearing of a petition filed by Amazon Retail India challenging action taken by the FDA against its warehouse in Bhiwandi.

The FDA had acted against the warehouse after allegedly finding that expired food products were being sent into the retail market instead of being destroyed.

Appearing for Amazon, senior advocate Venkatesh Dhond submitted that FDA officials had inspected the warehouse on June 24 and suspended its licence the following day without first issuing an improvement notice.

Amazon subsequently filed an appeal against the action before the concerned authority. However, while the appeal was still pending, the FDA issued a show-cause notice on July 1 and later cancelled the warehouse's licence.

The High Court questioned the FDA's decision to cancel the licence while the appeal was pending.

"During the appeal, how can there be a cancellation order? It is a settled law that during the appeal period, no such action can be taken," the judges observed.

Reiterating the need to follow the prescribed procedure, the Court said that strict enforcement of policies cannot come at the cost of due process.

"Procedure has to be followed," the bench said.

Government pleader Neha Bhide sought time to file an affidavit explaining the FDA's stand.

The Bombay High Court has posted the matter for further hearing on August 10.