'Risk Factor Higher Than Loss Which May Be Caused': Calcutta HC Declines To Stay FSSAI Order Against Sale Of 'Prohibited Batch' Of Dabur Honey

The Calcutta High Court, presided over by Justice Om Narayan Rai has refused grant of interim relief/stay of operation in a writ petition filed by Dabur India Limited challenging the prohibition order issued by Food Safety and Standards Authority of India ('FSSAI') against a specific batch of "Dabur Honey” - Batch No. NP5819 which was manufactured on 13.02.2024 and marked with a “Use By” date of 12.08.2025.

Ms. Vineeta Meharia, Barrister & Senior Advocate appearing for FSSAI, objected to the grant of any interim relief in view of the statutory appeal filed by Dabur India on 19.09.2024 never being admitted due to Dabur India's failure to submit requisite documents and testing fees. In support of her arguments, the Recall Order was also produced in Court, emphasizing that it had been issued by FSSAI on 29.01.2025 after due risk assessment in accordance with general principles of food safety and public interest.

On the other hand, Mr. Sourajit Dasgupta, the Advocate for the Petitioner, refuted the claim of non-submission, pointing to the documents annexed to the writ petition. He challenged the impugned order on the grounds of violation of the principles of natural justice and relied on Jammu & Kashmir High Court's judgment in Bashir Ahmed Shergojri v. U.T. J&K and Others [2021 SCC OnLine J&K 836], where similar prohibition orders had been quashed. Mr. Dasgupta further argued that that the recall order, relied upon by the Respondents, had never been communicated to the company.

While acknowledging Dabur's contentions, the Court noted that nearly six months had passed since the prohibition order came into effect, and granting a stay at this stage would not serve any purpose. The prohibition order, as observed by the Court, was passed on grounds of public safety, based on risk management assessments, and was explicitly stated to be interim in nature— remaining in force “until further orders.”

The Court distinguished the facts of the present case from those in the J&K High Court's ruling, observing that the earlier case involved a complete halt of business operations and in contrast, the present prohibition was limited to a batch of Dabur Honey which was prohibited from being sold.

Highlighting the public health implications, the Court stated that:

“The scales of the balance of convenience and inconvenience in the instant case do not appear to this Court to be tilting in favour of staying the operation of prohibitions at this stage. Such stay would permit the writ petitioner to put on sale the prohibited batch without assessing the damage that might be cause to public at large upon consumption of the prohibited batch. The risk factors are far higher than the loss that the writ petitioner may incur. Looking at it from another angle, granting stay would in a sense amount to granting final relief at the interim stage.”.

Refusing stay, the Court directed FSSAI to file an affidavit within a week detailing the communication regarding the Appeal's non-admission and the service of the Recall Order upon the Petitioner. Liberty was also granted to Dabur Honey to revive its prayer for interim relief after the filing of the Affidavit.

Advocates for Petitioner (Dabur India Ltd.): Mr. Sourajit Dasgupta, Mr. Sudhakar Prasad and Mr. Utkarsh Mukherjee

Advocates for Respondent Nos. 2 & 3 (FSSAI): Ms. Vineeta Meharia, Barrister & Senior Advocate, Ms. Paramita Banerjee, Mr. Rohan Raj, Ms. Sonali Pal (MCO Legals)

Click here to read order