1952 (5) TMI 9 - SC - Indian Laws

The term foodstuff is ambiguous. In one sense it has a narrow meaning and is limited to articles which are eaten as food for purposes of nutrition and nourishment and so would exclude condiments and spices such as yeast, salt, pepper, baking powder and turmeric. In a wider sense it includes everything that goes toto the preparation of food proper (as understood in the narrow sense) to make it more palatable and digestible. Whether the term is used in a particular statute in its wider or narrower sense cannot be answered in the abstract but must be answered with due regard to the background and context.

Summary

Issues Involved:
1. Whether turmeric is considered a "foodstuff" under clause 3 of the Spices (Forward Contracts Prohibition) Order, 1944, read with section 2(a) of the Essential Supplies (Temporary Powers) Act, 1946.
2. Validity and applicability of the Spices (Forward Contracts Prohibition) Order, 1944, post the expiration of the Defence of India Act, 1939.
3. Interpretation of the term "foodstuff" in legal and common parlance.

Issue-Wise Detailed Analysis:

1. Whether turmeric is considered a "foodstuff":
The central question in this case was whether turmeric qualifies as a "foodstuff" under clause 3 of the Spices (Forward Contracts Prohibition) Order, 1944, which must be read in conjunction with section 2(a) of the Essential Supplies (Temporary Powers) Act, 1946. The respondent was charged with contravening clause 3 of the Order by entering into a forward contract in turmeric. The trial court convicted the respondent, but the Sessions Court acquitted him, a decision upheld by the High Court. The Supreme Court had to decide if turmeric, a spice, could be classified as a "foodstuff," which would determine the validity of the 1944 Order under the 1946 Act.

2. Validity and applicability of the 1944 Order post the expiration of the Defence of India Act:
The Defence of India Act, 1939, and its associated rules, including the Spices (Forward Contracts Prohibition) Order, 1944, were set to expire on September 30, 1946. However, the Essential Supplies (Temporary Powers) Ordinance of 1946 was issued before this expiration, which was later replaced by the Essential Supplies (Temporary Powers) Act, 1946. Section 5 of the Ordinance and section 17(2) of the Act contained saving clauses that preserved orders made under the Defence of India Rules, provided they were consistent with the new legislation. The Supreme Court had to determine if the 1944 Order was saved by these clauses and thus remained valid.

3. Interpretation of the term "foodstuff":
The term "foodstuff" was scrutinized in both its narrow and broad senses. The Oxford English Dictionary defines "foodstuff" as "that which is taken into the system to maintain life and growth and to supply waste of tissue," while Webster's International Dictionary defines "food" as "nutritive material absorbed or taken into the body of an organism which serves for purposes growth, work or repair and for the maintenance of the vital processes." The legal interpretation often includes adjuncts such as condiments, but the common parlance may not. The Supreme Court noted that the term "foodstuff" is ambiguous and context-dependent. It can include everything that goes into the preparation of food to make it palatable and digestible, thus potentially encompassing turmeric.

Comprehensive Analysis:

Interpretation and Context:
The Supreme Court traced the legislative history, noting that the 1944 Order was promulgated under Rule 81(2) of the Defence of India Rules, which was broad and inclusive. The Order explicitly listed turmeric among the prohibited spices for forward contracts. The 1946 Ordinance and Act aimed to control essential commodities, including foodstuffs. The Court emphasized that the term "foodstuff" must be interpreted in its context and background, considering the legislative intent to maintain supplies essential to the community's life.

Judicial Reasoning:
The Court examined various dictionary definitions and judicial precedents to understand the term "foodstuff." It acknowledged that in a broader sense, "foodstuff" includes everything that goes into making food palatable and digestible, such as spices and condiments. The Court referenced cases like James v. Jones, which held baking powder as a foodstuff, and Hinde v. Allmond, which excluded tea from being a foodstuff under certain conditions. These cases illustrated the term's flexible interpretation based on context.

Conclusion:
The Supreme Court concluded that turmeric could be considered a "foodstuff" in its broader sense, aligning with the legislative intent behind the 1944 Order and the 1946 Act. The Court held that the 1944 Order would have been valid if re-promulgated under the 1946 Act, thus it was saved by the saving clauses of the Ordinance and the Act. However, given the State's undertaking not to proceed further against the respondent, the Court did not restore the conviction or sentence, leaving the acquittal as it stood.

Final Order:
The Supreme Court upheld the acquittal of the respondent, emphasizing the broader interpretation of "foodstuff" and the legislative intent behind the relevant orders and acts. The judgment clarified the legal standing of turmeric as a "foodstuff" and the validity of the 1944 Order under the 1946 Act.