Jaggery is ‘agricultural produce’ within the meaning of section 2(i) of the Andhra Pradesh (Agricultural produce and Livestock) Markets Act, 1966.

JUDGMENT :

RAMACHANDRA RAO, J.

1. These Writ Appeals are preferred against the judgments of our learned brother Obul Reddi, J., (As he then was) in writ petitions Nos. 2268/72, 718/73 and 5686 of 1971 dismissing the writ petitions filed by the appellants petitioners, changing the notification made by the Government under the Andhra Pradesh (Agricultural produce and Livestock) Markets Act, 1966, (Hereinafter called the Act) constituting a notified area and also declaring Jaggery as ‘agricultural produce,’ for purposes of the Act.

2. Our learned brother following his judgment in W.P. 5596/72 etc., batch dated 9.2.73 held that jaggary as “agricultural produce” within the meaning of section 2(i) of the Act and dismissed the writ petitions. In these writ appeals the only question raised is whether jaggery constitutes “agricultural produce” as defined in the said Act. Section 2(i) defines ‘agricultural produce’ as follows:—

“2.(i) ‘Agricultural produce’ means anything produced from land in the course of agricultural or horticulture and includes forest produce or any produce of like nature either processed or unprocessed and declared by the Government by notification to be agricultural produce for the purposes of this Act”.

3. The notification issued by the Government in G.O.Ms. No. 2095 Food and Agriculture dated 29-10-1968 in exercise of the power conferred by sub-section (3) of S. 3 of the Act, included Jaggery as item No. 66 in the schedule II appended thereto.

4. Sri E. Subrahmanyam, learned counsel for the appellants contended that jaggery is produced by a manufacturing process i.e. by extracting sugar-cane juice from sugarcane adding lime to it and boiling the same to a high temperature and thereby jaggery looses its identity from sugarcane cane or sugar cane juice and therefore ceases to be ‘agricultural produce’ within the meaning of the Act.

5. But we are unale to agree with this submission because the definition of ‘agricultural produce’ takes in not only agricultural produce as such but also agricultural produce which is processed. ‘Processing’ is defined in rule 2(xix) of the rules framed under the Act as follows:—

“Processing” means powdering, crushing decorticating, ??? parboiling, polishing, ginning, pressing, curing or any other treatment to which an agricultural produce or products of livestock is subjected to before final consumption’.

6. This processing might involve even boiling process. It is contended by Sri Subrahmayam, that rule 2(xix) of the rules did not include the manufacturing process and on the other hand it mentioaned only parboiling and not boiling at high temperature which is necessary for converting sugarcane juice into jaggery.

7. We find it difficult to accept this submission because in the definition of processing in the rule 2(xix), various operations have been mentioned followed by the general expression ‘or any other treatment’ to which an agricultural produce is subjected to before it is made fit for final consumption. The expression ‘or any other treatment’ cannot be read in the context in which it appears as ejusdem genera is with the preceding words. The words, ‘or any other treament’ have to be given a wide meaning and their meaning cannot be cut down by reference to the preceding words. In our opinion the expression ‘or any other treatment’ takes in the process of boiling and therefore the conversion of sugarcane juice by the process of boiling with addition of lime for purposes of removing impurities constitutes ‘agricultural produce’ which is processed and therefore falls within the definition of ‘agricultural produce’ under section 2(i) of the Act.

8. In W.A. No. 347/73 etc. batch while dealing with the question whether rice constitutes ‘agricultural produce’ or not within the meaning of the said Act, we had occasion to refer to the scheme and object of the Act. In the said batch of writ Appeals, we held that the Act was intended to regulate the marketing of agricultural produce, that ri