Wider meaning of foodstuff sustained turmeric's inclusion under emergency commodity control and preserved the earlier order.

Turmeric was treated as capable of falling within the wider statutory meaning of "foodstuff" in the emergency-control context, even though it is ordinarily regarded as a spice or condiment. The analysis emphasised that the 1944 Order specifically included turmeric and that the later Ordinance and Act contained saving provisions intended to preserve regulation of essential commodities and foodstuffs. On that basis, the continued operation of the 1944 Order was considered legally supportable, and a breach of that Order could sustain conviction under the regulatory scheme.

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Issues: Whether turmeric is a "foodstuff" within the meaning of the Spices (Forward Contracts Prohibition) Order, 1944 read with the Essential Supplies (Temporary Powers) Act, 1946, and whether the 1944 Order was saved by the later Ordinance and Act.

Analysis: The term "foodstuff" was held to be capable of both a narrow and a wider meaning. In the statutory setting of emergency control over essential commodities, the wider meaning was applicable. Turmeric, though a spice and condiment, was treated as a commodity that could fall within the wider sense of "foodstuff" because the 1944 Order specifically included it and the later legislation was intended to continue control over essential commodities and foodstuffs. The saving clauses in the Ordinance and the Act were sufficient to preserve the 1944 Order, and the conviction based on breach of that Order was therefore legally supportable.

Conclusion: Turmeric was held to be a foodstuff for the purpose of the legislation, and the 1944 Order was saved by the later enactments; the legal position was in favour of the appellant on the substantive question.

Final Conclusion: The substantive legal issue was answered in support of the State, but no further coercive order was made and the acquittal remained undisturbed.

Ratio Decidendi: A commodity may fall within the wider meaning of "foodstuff" where the statutory context and saving provisions show an intention to continue regulation of essential commodities, even if the article is ordinarily treated as a spice or condiment.

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