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Bombay High Court

JNTL CONSUMER HEALTH PVT LTD THR ITS AUTHORIZED AND ANRversusGOVERNMENT OF MAHARASHTRA THR AGP AND ORS

Decided
Disposal
Disposed Off

Holding

The court held that the seizure order is effectively lifted, permitting the petitioners to dispose of the seized stock outside Maharashtra, and therefore the petition is disposed.

Summary

The petitioners, JNTL Consumer Health (India) Pvt. Ltd. and an associate, challenged the seizure of their electrolyte drink packaged in tetra packs, valued at approximately Rs. 2.25‑2.5 crore, by the Government of Maharashtra. They sought permission to dispose of the seized stock outside the State within 75‑90 days after relabeling the products as per departmental directions. The court examined email communications, an interim order of the Delhi High Court in FDC Limited Vs. Union of India, and a Division Bench judgment in JNTL Consumer Health Vs. Union of India, noting that the regulatory communications did not constitute a directive for seizure. The respondents, relying on a fresh instruction from the concerned officer, agreed that the stock could be sold outside Maharashtra provided an inventory is maintained. Concluding that the effect of the impugned seizure order had been nullified, the court disposed of the writ petition.

Issues considered

  • What is the appropriate legal basis for lifting the seizure order on the electrolyte drink stock?
  • Whether the petitioners may dispose of the seized stock outside the State of Maharashtra within a specified time frame?
  • Whether the relabeling of the product in compliance with departmental directions affects the legality of the seizure.

Subjects

  • seizure
  • food labeling
  • electrolyte drink
  • disposal of seized stock
  • regulatory compliance
  • High Court
  • writ petition

Judgment

                                                                                          (4)-WP-9336-26.odt

          PANCHAL

                                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                         CIVIL APPELLATE JURISDICTION
          Digitally
          signed by
          BALAJI
BALAJI    GOVINDRAO
GOVINDRAO PANCHAL
PANCHAL   Date:
          2026.09.01
                                           WRIT PETITION NO. 9336 OF 2026
          11:19:07
          +0530




                       M/s. JNTL Consumer Health (India) Pvt. Ltd. & Anr.         ...Petitioners

                               Versus

                       Government of Maharashtra & Ors.                           ...Respondents
                                                              ...
                       Dr. Birendra Saraf, Senior Advocate a/w Mr. Harsh Hiroo Gursahani, Mr.
                       Suhaan Mukerji, Ms. Pragati Mishra & Mr. Shubhank Patel i/by PLR
                       Chambers, for the Petitioners.

                       Mr. P. P. Kakade, Addl. GP a/w Ms. P. J. Gavhane, AGP for the Respondents
                       – State.
                                                             ...
                                                 CORAM : RAVINDRA V. GHUGE, ACJ. &
                                                         GAUTAM A. ANKHAD, J.

                                                  DATE : 31st AUGUST, 2026.

                       P.C.:
                       1.           We have heard the learned Senior Advocate, Dr. Birendra Saraf,

                       on behalf of the Petitioners and the learned Additional Government Pleader,

                       Mr. Kakade on behalf of the Respondents, State. On 18th August, 2026, we

                       had passed the following order:-

                                    “1. List this Petition ‘High on Board’ on 31st August,
                                    2026 in the ‘Urgent Admissions Category’. Parties may note
                                    that the matter would not be adjourned.

                                    2.    The learned Additional Government Pleader submits,
                                    on instructions from the Officers present in the Court, that in
                                    the meanwhile, if the Petitioners desire, the words
                                    ‘Electrolyte Drink’ appearing on the packaging, may be


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                                                                      (4)-WP-9336-26.odt


             camouflaged and the seized products worth Rs.2.5 crores,
             can be sold in the market by the Petitioners.”


2.           The learned Senior Advocate for the Petitioners has relied upon

two email communications dated 4th May, 2026 and 5th May, 2026. Both are

taken on record and collectively marked as ‘X-1’ for identification. He has

then relied upon an interim order passed by the Single Bench of the Delhi

High Court dated 7th July, 2026 and the judgment dated 25th August, 2026

delivered in Writ Petition (C) No. 8602 of 2026 (FDC Limited Vs. Union of

India & Anr.). He has also relied upon the affidavit-in-reply filed by the

Respondent, Joint Commissioner (Food), Konkan Division, dated 14 th

August, 2026, more specifically paragraph No.4, in the light of the

observations of the Delhi High Court in the interim order dated 7 th July, 2026

in FDC Limited (supra), more particularly, paragraph 6, which indicates that

the communication ‘X-1’ was just a regulatory position for information and

coordination and did not itself direct any specific act of seizure.



3.           The learned Additional Government Pleader, Mr. Kakade has

canvassed his submissions in the light of the affidavit-in-reply and has

placed reliance on the judgment of the Division Bench of the Delhi High

Court in the matter of JNTL Consumer Health India Pvt. Ltd. Vs. Union of

India, 2025 SCC OnLine Del. 10553.




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4.           The learned Senior Advocate for the Petitioners pointed out that

the   Petitioners   have   already   indicated   to   the   Department,        vide

communication dated 15th July, 2026, that the labels would be replaced in

tune with the dictate of the Department with effect from 1 st August, 2026.

Accordingly, Petitioners have abided by the directions of the Department and

have changed the labels.


5.           Insofar as, the seized stock, which is already packaged in tetra

packs, valued in money to the tune of Rs.2.25 crores approximately, he

submits, on instructions from the Petitioners, that this seized stock, which is

preserved by the Petitioners under the orders of the Department, would be

taken outside the State of Maharashtra for sale. While relying upon the

interim order of the Delhi High Court as well as the final order in FDC

Limited (supra), he points out that the Delhi High Court has given eight

months time to the said Petitioner to dispose of the seized stock. The present

Petitioners are seeking a period somewhere between 75 days to 90 days for

the disposal of the said stock outside the State of Maharashtra.


6.           The learned Additional Government Pleader sought a passover

and after fresh instructions, submits that the concerned Officer has instructed

him to say that the said seized stock should be disposed off by the Petitioners

outside the State of Maharashtra. A proper inventory should be maintained to

indicate the seized stock that has been transported and sold.


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7.           The learned Senior Advocate submits that in view of the above,

as the seizure has been lifted by permitting the disposal of the seized stock

outside the State of Maharashtra, this Petition may be disposed off. The

learned Additional Government Pleader, on instructions, has no objection.


8.           In view of the above, the statements made are recorded. This

Petition is disposed off, since the effect of the impugned seizure order has

concluded.


9.           It goes without saying, now that the Petitioners have prepared

new tetra packs for packaging the same food item, there would be no reason

for the Department to initiate coercive steps against the Petitioners in view of

the seized stock, which is now to be disposed off outside the State of

Maharashtra, if some stray packages are found on the shelves of some

shops or at the end of the distributors.




 [GAUTAM A. ANKHAD, J.]                         [ACTING CHIEF JUSTICE]




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