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        1982 (2) TMI 315 - SC - Indian Laws

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        Foodstuffs under the Essential Commodities Act include feed for living beings generally, validating regulation of rice bran supply. Rice bran was held to be a foodstuff within the ordinary and natural meaning of Section 2(a)(v) of the Essential Commodities Act, because the expression ...
                      Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
                        Provisions expressly mentioned in the judgment/order text.

                          Foodstuffs under the Essential Commodities Act include feed for living beings generally, validating regulation of rice bran supply.

                          Rice bran was held to be a foodstuff within the ordinary and natural meaning of Section 2(a)(v) of the Essential Commodities Act, because the expression covers food for living beings generally and is not limited to human consumption. As rice bran is commonly used as poultry feed and cattle feed, excluding it would be inconsistent with the statutory scheme, especially where cattle fodder is expressly treated as an essential commodity. On that construction, rice bran falls within the Act and may be regulated under Section 3; the control order governing its sale or supply was therefore valid.




                          Issues: Whether rice bran is a foodstuff within the meaning of Section 2(a)(v) of the Essential Commodities Act, 1955 and therefore an essential commodity capable of being regulated under Section 3 of the Act.

                          Analysis: Rice bran was shown to be commonly used as poultry feed and also as cattle feed. The term "foodstuffs" was held to bear its ordinary and natural meaning, extending to food used by living beings generally and not being confined to human consumption. Since cattle fodder is expressly included within the definition of essential commodity and rice bran is used as feed, excluding it from the scope of foodstuffs would be inconsistent with the statutory scheme. On that construction, rice bran falls within Section 2(a)(v) of the Act and the delegated control order regulating its sale or supply was within power.

                          Conclusion: Rice bran is a foodstuff and therefore an essential commodity under the Act; the regulatory order was valid.

                          Ratio Decidendi: The expression "foodstuffs" in Section 2(a)(v) of the Essential Commodities Act, 1955 must be construed in its ordinary sense to include food for living beings generally, and any commodity falling within that description may be regulated under Section 3.


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                          ActsIncome Tax
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