Tea is not foodstuff: delegated control failed because the statute's power covered only food-related commodities.

Tea is not "foodstuff" under the Essential Commodities Act because, in its ordinary and commercial sense, food denotes something taken for nourishment and bodily sustenance, whereas tea is consumed as a stimulant for flavour and refreshment. On that construction, the State's delegated power under section 5, which was confined to foodstuffs, did not extend to regulating tea under the Tamil Nadu Scheduled Articles (Prescription of Standards) Order, 1977. The Order was therefore beyond delegated authority insofar as it applied to tea, and the challenge succeeded.

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Issues: (i) Whether tea is "foodstuff" within the meaning of section 2(a)(v) of the Essential Commodities Act, 1955; (ii) Whether the Tamil Nadu Scheduled Articles (Prescription of Standards) Order, 1977 was valid in so far as it applied to tea under the delegation made by the Central Government.

Issue (i): Whether tea is "foodstuff" within the meaning of section 2(a)(v) of the Essential Commodities Act, 1955.

Analysis: The expression "foodstuff" was not defined in the Act and had to be understood in its ordinary and commercial sense. Applying the common parlance test, the Court held that "food" connotes something taken for nourishment and sustaining bodily growth or maintenance. Tea, whether as leaves or as a beverage, is consumed as a stimulant for flavour and refreshment, not for nourishment, and does not form part of food proper or of the preparation of food.

Conclusion: Tea is not "foodstuff" within section 2(a)(v) of the Essential Commodities Act, 1955.

Issue (ii): Whether the Tamil Nadu Scheduled Articles (Prescription of Standards) Order, 1977 was valid in so far as it applied to tea under the delegation made by the Central Government.

Analysis: The delegation under section 5 of the Essential Commodities Act, 1955 was confined to matters relating to foodstuffs. Since tea was held not to be a foodstuff, the State Government had no delegated authority to regulate tea under section 3 of the Act. The Order was therefore beyond the State Government's delegated power insofar as it purported to regulate tea.

Conclusion: The Order was ultra vires the State Government's delegated power and could not apply to tea.

Final Conclusion: The challenge succeeded, the impugned High Court judgment was set aside, and the writ petition stood allowed.

Ratio Decidendi: A beverage consumed as a stimulant and not for nourishment is not "foodstuff", and a State can regulate it under delegated powers only if the delegation clearly extends to that commodity.

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