Dry fish is not livestock within the meaning of Section 2(v) of the AP Agricultural Produce and Livestock Markets Act, 1966.

P. CHENNAKESAV REDDY, C. J.

( 1 ) IN these writ appeals a question of general interest and frequent occurrence is raised for decision. The question is whether the definition of livestock in S. 2 (v) of the A. P. Agricultural Produce and Livestock Markets Act, 1966 (hereinafter referred to as the Act) takes within its scope and ambit also dry fish and the declaration made by the Government under S. 3 (3) of the Act specifying dry fish as livestock in Schedule II to the notification of the State Government published in the A. P. Gazette dt. 7-11-1978 is valid.

( 2 ) THE writ petitioners are dealers in dry fish. A notice was issued to the petitioners by the Agricultural Market Committees, Itchpuram, asking them to obtain necessary licence by paying the necessary fee under S. (91) (7 (1)?) of the Act on the ground that they were carrying on business of purchase and sale in agricultural produce. But the petitioners did not obtain the necessary licence and carried on their business in 1980. The petitioner sent a reply to the Agricultural Market Committee informing them that the business in dry fish does not come within the purview of the Act and therefore there was no necessity to obtain any licence. As the petitioners continued to carry on their business without obtaining any licence under S. 7 (1) of the Act, criminal cases were instituted against the petitioners and some others. Aggrieved against the prosecution the petitioners filed the writ petitions. The learned single Judge (Raghuvir, J. dismissed the writ petitions) holding that the word fish in S. 2 (v) of the Act includes dry fish also and so the notification was valid. This indeed, is the genesis of the writ appeals.

( 3 ) THE only question for decision is whether dry fish is livestock falling within the definition of livestock in S. 2 (v) of the Act. It is, therefore, necessary to read the definition of livestock in S. 2 (v) of the Act. "2 (V) livestock means cows, buffaloes, bullocks, bulls, goats and sheep and includes poultry, fish and such other animals as may be declared by the Government by notification to be livestock for the purposes of this Act. " it would be useful also to read the definition of products of livestock in S. 2 (xv) of the Act. "2 (xv) products of livestock means such products of livestock as may be declared by the Government by notification, to be products of livestock for the purposes of this Act. "

( 4 ) IN the impugned notification dt. 7-11-1978 in the group-V the livestock fish is not included. What are included in that group are : 1) Bull, 2) Bullock, 3) Cow, 4) Beifer, 5) Buffalo (Bull,) 6) He Buffalo, 7) She Buffalo, 8) Young Stock of Buffalo, 9) Sheep and 10) Goats. In group VI of the Livestock Products what are included are : 1) Raw Hides, 2) Raw skins, 3) Bones, 4) Horn and Hoof, 5) Hair and wool and 6) Ghee, fish group is separated from livestock group and in this group what are included are : 1) Live Fish including fish with or without life in any form (inserted by G. O. Ms. No. 406 F and A, dt. 21-7-1980), 2) Dry fish and 3) Live Prawn including Prawn with or without life in any form. Again under the group of poultry (group VII) only Hens, Ducks, and Cocks are included.

( 5 ) A close look at the definition of livestock would at once make it clear that the definition takes within its scope and ambit only animals with life. The meaning of the livestock given in the Concise Oxford Dictionary also is, animals kept or dealt in for use of profit. In the Chambers 20th Century Dictionary the meaning given for livestock is "domestic animals, esp. , horses, cattle, sheep and pigs. " The definition of livestock is widened under the Act to include poultry fish and such other animals as may be declared by the Government by its notification as livestock for the purpose of the Act. Even if fish is considered to be an animal the dry fish in our opinion, cannot fall within the sweep of the definition o

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