K. JANARDHAN PILLAI & ANR. ETC. ETC. versus UNION OF INDIA & ORS. ETC. ETC.

Citation: [1981] 2 S.C.R. 676 · Decided: 23-01-1981 · Supreme Court of India · Bench: A.P. SEN · Disposal: Case Allowed
Open in Lexace · Ask the AI about this case
Judgment (excerpt)

B 
676 
K. JANARDHAN PILLAI & ANR. ETC. ETC. 
v. 
UNION OF INDIA & ORS. ETC. ETC. 
January 23, 1981 
[A. P. SEN AND E. S. VBNKATARAMIAH, JJ.] 
Kerala Essential Articles Control (Ten1porary Powers) Act, 1961-Section 
2(a) and Section 3-Raw cashewnuts-Whether "foodstuff" within the meaning 
of section 2(a) (v) of the Essential Commodities Act, 1955-State Government, 
if co1npetent to declare raw cashewnuts as essential article-Declaratio1t, whether 
/ 
contravenes section 2(a) of the Kera/a Act. 
,_.,,-. 
By an order made on March 20, 1976 the Kerala State Government declared 
that raw cashewnut was an essential article under section 2(a) of the Kersla 
Essential Articles Control (Temporary Powers) 
Act, 
1961 
and 
thereofter 
pro.qiulgated the Kerala Raw Cashewnuts (Procurement and Distribution) Order 
1977 under section 3 thereof, regulating the procurement and distribution of raw 
cashewnuts in the State of Kerala. The expression "essential article" ii defined 
D 
in section 2(a) of the Kerala Act as "an article (not being an essential con1-
111odity a.~ defined in the Essential Co1nmoditie~ Act, 1955) which may be declared 
by the Government by a notified order to be an essential article". Under 
Section 2(a) (v) of the Essential Commodities Act, 1955 essential commodity 
means "foodstuffs, including edible oilseeds and oils." 
In their petitions under Art. 32 of the Constitution the petitioners who were 
E 
engaged in the· processing of raw cashewnuts urged that raw cashewnut being a 
foodstuff, which was an essential commodity under the Central Act, the State 
Government could not make a declaration that it was an essential article under 
sectiein 2(a) of the State Act and that for this reason the declaration and the 
impugned order were ultra vires the State Act. 
F 
G 
B 
On behalf of the State Government it was contended that the expression 
"foodstuffs" meant only those articles which could be directly consumed \Vithout 
any kind of processing since the order regulated only the procurement and 
distribution of raw cashewnut5 which were used as industrial raw material, they 
could not be called foodstuffs in the strict sense and were not an "essential .! ,_ 
commodity" within the meaning of that term under the Central Act. 
1~11owing the petitions, 
HELD: Raw cashewnut is a foodstuff under section 2(a) (v) of the Central 
Act and hence cannot be declared as an essential article under section 2(a) 
of the Kerala Act. No order could therefore be made by the State Government 
under section 3 thereof in respect of raw cashewnuts. Therefore the declaration 
made by the State Government to the effect that raw cashewnut is an essential 
article under the Kerala Act and the impugned order made thereunder are liable 
tc be quashed. 
[694 B-C] 
The words in parenthesis in section 2(a) of the State Act makt; it clear that 
the State Government can declare as an essential article under the State Act 
t 
K. J. PILLAI v. UNION 
677 
only .., article which is not an essential commodity under the C,,ntra! Act. It 
is a well known rule of interpretation th.at associated words take their meaning 
from one another and that is the meaning of the rule of statutory construction 
noocltur a .sociis. 
When the term 'foodstuffs' is associated with edible oilseeds 
which have to be processed before the oil in them can be consumed, it is 
.appropriate to interpret 'foodstuffs' in the wider sense as including nil articles 
of food which may be consumed by human beings after processing. [687 C] 
Having regard to the fact that the object of the Central Act is to regulate 
production, supply and distribution of essential commodities amongst the people, 
the expression 'foodstuffs' should be given a wider meaning as including even 
raw materials which ultimately result in edible articles. 
[687 D-E] 
The dictionary meaning of 'foodstuff' is 'a substance with food value' and 
A 
B 
~the raw material of food before or after processing'. Therefore 'foodstuff' 
C 
need not necessarily mean only the final food product which is consumed. It 
,also includes raw food articles which may, after processing, be used as food by 
human beings. 
[688 F] 
Srate of Bombay v. Virkun1ar Gulabchand Shuh !1952] S.C.R. 877 and Tiktl 
Ram;i & Ors. etc. v. The State of Uttar Pradc.1h S: Ors. fl956] S.C.R. 393 at 
418 referred to. 
Although as a result of large exports of cashewnut it is now in short supply 
and its price is beyond the reach of the common man, it i
Excerpt shown. Read the full judgment & AI analysis in Lexace.