2003 Supreme(SC) 1107

2003(8) Supreme 229
SUPREME COURT OF INDIA
(From Madras High Court)
R.C. Lahoti and Ashok Bhan, JJ.
S. Samuel, M.D., Harrisons Malayalam and Anr. -Appellants
versus
Union of India & Ors. -Respondents
Civil Appeal Nos. 12746-12747 of 1996
Decided on 6-11-2003
Counsel for the Parties :
For the Appearing Parties : Altaf Ahmed, Additional Solicitor General, V.R. Reddy, Sr. Advocate, C.N. Sreekumar, Sunil Murarka, Antony Domnic, Ms. Shyjatha, Ms. Deepa S., Ms. Sangeeta Mandal, Kapil Chaudhary, Ms. Jayashree Singh, Ms. Vineeta Bhardwaj, Ms. Swati Sinha, A.T.M. Sampath, V. Balaji, Ms. Aarti Radhakrishnan, P.N. Ramalingam, Advocates.

IMPORTANT POINT
Tea is not foodstuff for the purposes of the Essential Commodities Act, therefore, provisions of the Tamil Nadu Scheduled Articles (Prescription of Standards) Order, 1977, cannot apply to tea.

Headnote:(i) Essential Commodities Act, 1955-Sections 2(a)(v), 3-Tamil Nadu Scheduled Articles (Prescription of Standards) Order, 1977-Constitutional validity-Foodstuffs, meaning of -Whether tea can be included within the meaning of foodstuffs -(No)-Competent Officer under the Order of 1977 visited godown of petitioners and took 13 samples of tea-Samples on analysis were found to be containing an adulterant in violation of provisions of the Order-Complaint filed against petitioners-Writ petition filed by petitioners challenging constitutional validity of the Order insofar as its applicability to tea is concerned-Whether State of Tamil Nadu had any power conferred upon it by the Central Government to issue any order applicable to tea u/s 3 of the Act-(No)-Order of 1977 held not applicable to tea.

       Held : Tea is not foodstuff. Even in a wider sense as dealt with in Virkumar Gulabchand Shah s case (supra) "foodstuffs" will not include tea as tea either in the form of the leaves or in the form of beverage does not go into the preparation of food proper to make it more palatable and digestible. Tea leaves are not eaten. Tea is a beverage produced by steeping tea leaves or buds of the tea plants in boiled water. Such tea is consumed hot or cold for its flavour, taste and its quality as a stimulant. The stimulating effect is caused by the presence of caffeine therein. Tea neither nourishes the body nor sustains or promotes its growth. It does not have a nutritional value. It does not help formation of enzymes nor does it enable anabolism. Tea or its beverage does not go into the preparation of any foodstuff. In common parlance, any one who has taken tea would not say that he has taken or eaten food. Thus, tea is not food . It is not understood as food or foodstuff either in common parlance or by the opinion of Lexicographers. (Para 22)

       The Notification dated June 20, 1972, notifying the delegation of powers by the Central Government to State Governments, is confined to foodstuffs, meaning thereby that the said Notification delegated the powers by the Central Government to the State Governments in regard to certain clauses of sub-section (2) of Section 3 of the E.C. Act but only in relation to foodstuffs . In the Notifications dated June 20, 1972 and June 9, 1978 the specified matters in relation to which delegation has been made are referable to foodstuffs . As tea is not a foodstuff , the power, vesting in the Central Government in relation to tea , cannot be said to have been delegated to any State Government. By Notification dated February 10, 1978, the Central Government has declared the commodity tea to be an essential commodity. With effect from the date of the said Notification, tea becomes an essential commodity by reference to the power exercised by the Central Government under Section 2(xi) of the E.C. Act read with Entry 33 in List III in the Seventh Schedule to the Constitution and Section 2 of the Tea Act, 1953. But then there is no delegation of powers by the Central Government under Section 5 of the E.C. Act in relation to tea. The Notification dated June 9, 1978, is also confined to foodstuffs which would not include tea, as already stated. Thus, it cannot be held that the State of Tamil Nadu had any power conferred upon it by the Central Government to issue any order applicable to tea under Section 3 of the E.C. Act. (Para 25)

       As we have held that the State of Tamil Nadu could not have promulgated an order under Section 3 of the E.C. Act in the purported exercise of the power delegated by the Central Government to make an order applicable to tea, by wrongly assuming tea to be a foodstuff, the several provisions of the Tamil Nadu Scheduled Articles (Prescription of Standards) Order, 1977, must be held to be ultra vires the power of the State Government to the extent to which it makes provisions in relation to tea. The said order cannot apply to tea. (Para 27)

       (ii) Words and Phrases-Term foodstuff , meaning of-Whether tea is considered a foodstuff in the market frequented by its dealers and consumers.

       Held : The term foodstuff (including edible oilseeds and oils) is not defined by the EC Act. Resort shall have to be had to the meaning of the term foodstuff in common parlance, in the commercial world and amongst the consumers- where tea is sold, purchased and consumed. Foodstuffs and tea are commonly sold and bought in the market and are consumer items. We will have to see whether tea is considered a foodstuff in the market frequented by its dealers and consumers. (Para 12)

       In common parlance food is something that is eaten. In a wider sense food may include not only solid substances but also a drink. Still the fact remains that whether a solid or a liquid, the substance called food should possess the quality to maintain life and its growth; it must have nutritive or nourishing value so as to enable the growth, repair or maintenance of the body. (Para 15)