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PETITIONER: THE STATE OF BOMBAY
Vs.
RESPONDENT: VIRKUMAR GULABCHAND SHAH
DATE OF JUDGMENT: 27/05/1952
BENCH: FAZAL ALI, SAIYID BENCH: FAZAL ALI, SAIYID BOSE, VIVIAN
CITATION: 1952 AIR 335 1952 SCR 877 CITATOR INFO : D 1977 SC1027 (40) RF 1981 SC1485 (17,18) D 1982 SC 798 (10) R 1983 SC1015 (5) RF 1989 SC 644 (5)
ACT: Essential Supplies (Temporary Powers) Act (XXIV of 1946), ss. 2(a), 17(2)--Spices (Forward Contracts Prohibi- tion) Order,1946, cls. 2, 3--Turmeric, whether "foodstuff"--Meaning of "foodstuff".
HEADNOTE: The term "foodstuff" is ambiguous. In one sense it has a narrow meaning and is limited to articles which are eaten as food for purposes of nutrition and nourishment and so would exclude condiments and spices such as yeast, salt, pepper, baking powder and turmeric. In a wider sense it includes everything that goes toto the preparation of food proper (as understood in the narrow sense) to make it more palatable and digestible. Whether the term is used in a particular statute in its wider or narrower sense cannot be answered in the abstract 878 but must be answered with due regard to the background and context. Turmeric is a "foodstuff" within the meaning of cl. (3) of the Spices (Forward Contract Prohibition) Order of 1944, read with s.2 (a)of the Essential S...