Exercise-books as paper: ordinary meaning, inclusive statutory wording, and clarificatory amendment sustained confiscation.

Exercise-books were held to fall within the ordinary meaning of "paper" under the Essential Commodities Act and the Gujarat Essential Articles Dealers (Regulation) Order, because they are only sheets of paper stitched or pinned together and do not lose their character as paper by binding. The inclusive statutory and regulatory wording was read as enlarging, not restricting, that general meaning, and the later amendment expressly referring to exercise note-books was treated as clarificatory. The rule of strict construction of penal provisions was held inapplicable because the language was not ambiguous. Confiscation could therefore not be avoided on the ground that exercise-books were outside the term "paper."

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Issues: Whether exercise-books are covered by the expression "paper" in Section 2(a)(vii) of the Essential Commodities Act, 1955 and Item 13 of Schedule I to the Gujarat Essential Articles Dealers (Regulation) Order, 1971, so as to sustain confiscation under Section 6A of that Act.

Analysis: The expression "paper" was construed in its ordinary and dictionary sense, namely a material in sheets used for writing, printing or drawing. An exercise-book was held to be nothing more than a collection of sheets of paper stitched or pinned together, and it did not lose its character as paper merely because of such binding. The inclusive description of paper in the statute and the order was treated as extending the general meaning rather than limiting it, and the later amendment specifically mentioning exercise note-books was viewed as clarificatory. The rule of strict construction of penal provisions was found inapplicable because the language was not ambiguous. The earlier decision dealing with motor tyres and tubes was distinguished on its facts and drafting context.

Conclusion: Exercise-books fall within the expression "paper" in the relevant statutory and regulatory provisions. The confiscation could not be set aside on that ground.

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