Maharashtra Agricultural Produce Marketing (Regulation) Act, 1963 – s. 2(1)(a) – “Agricultural Produce” – Products “edible oil”, “Vanaspati” and “sugar” – Applicability of the Act – Held: Products “edible oil”, “Vanaspati” and “sugar” are agricultural produce within the meaning of s.2(1)(a) of the Act. Dismissing the appeals, the Court
HELD: 1.1 The High Court rightly held that sugar is a produce of agriculture coming into being in a processed form from sugarcane and the absence of the word “manufacture” in the definition of “agricultural produce” under Section 2(1)(a) of the Maharashtra Agricultural Produce Marketing (Regulation) Act, 1963 would not in any way affect the status of sugar as being an agricultural produce under the Act. [Para 7][841-C]
1.2 So far as “Vanaspati” is concerned, the High Court referred to entire process as to how “Vanaspati” is produced from “edible oils” and that “edible oils” are subject to various processes and the end product of all these processes is “Vanaspati”. The High Court held that the production of dalda or Vanaspati from edible oils is thus the result of the edible oils undergoing all these processes which convert edible oils to a new entity called “Vanaspati”. Thus, the High Court concluded that “Vanaspati” is nothing but Hydro Generated Refined Edible Oil and is an agricultural produce within the meaning of Section 2(1)(a) of the Act. The conclusion of the High Court that “edible oil”, “Vanaspati” and “sugar” are agricultural produce within the meaning of Section 2(1)(a) of the Act is accepted and there is no ground warranting interference with the said findings. [Paras 11, 13][841-H; 842-A-B, E-F]
1.3 Section 13(1A)(a) of the Act states that the area comprising Greater Bombay and Turbhe Village in Thane Taluka of Thane District or such areas as may be specified by the State Government by notification in the Official Gazette from time to time, shall be deemed to be a market area called the Bombay Market Area and respondent No. 1 is the Market Committee for that area. [Para 15][842-H; 843-A-B]
1.4 The relevant bills and other documents filed by the appellant insofar as alleged purchase of sugar from outside the market area (Section 2(1)(i)) shall be considered as expeditiously as possible. The direction of the High Court in approaching the concerned Authority is restricted only to sugar. [Paras 18, 19][844A-B] Champak Lal H. Thakkar v. State of Gujarat (1980) 4 SCC 329 : [1981] 1 SCR 440 – referred to.
As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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