Summarize the following court judgment. tition Nos. 116	 186 189/77	 3935 63/78 3922 24/78	 1221/77	 3821 27/78	 3828 31/78	 44 50/77	 4237/78	4400/78	 92 97/77. (Under Article 32 of the Constitution) F. section Nariman	 R. N. Banerjee	 J. B. Dadachanji and K. J. John	 for the Petitioners in W.P. No. 116/77. R. M. Poddar for Respondent No. 1 in W.P. No. 116/77. 678 Lal Narain Sinha Attorney Genl.	 P. K. Pillai and T. P. Soundara Rajan	 for Respondents 2 3 in W.P. No. 116/77. N. M. Abdul Khader	 M. A. Feroze and K. M. K. Nair	 for the Respondent. R. N. Banerjee	 J. B. Dadachanji and K. J. John	 for the Petitioners in W.P. Nos. 186 189/77. Lal Narain Sinha Att Genl. and R. M. Poddar	 for Respondent No. 1 in W.P. Nos. 186 189/77. P.K. Pillai and T. P. Soundra Rajan	 for Respondents 2 3 in W.P. Nos. 186 1 89/77. N. M. Abdul Khader	 M. A. Feroze and K. M. K. Nair	 for the State. F. section Nariman	 R. N. Banerjee	 J. B. Dadachanji and K. J. John	 for the Petitioners in W.P. Nos. 3935 63/78. N. M. Abdul Khader	 M. A. Feroze and K. M. K. Nair	 for Respondent No. 1 in W.P. Nos. 3935 63/78. A. section Nambiar and P. Parameswaran	 for Respondents 2 3 in W.P. Nos. 3935 63/78. P. Govindan Nair and K. Sukumaran	 for the Petitioners in W.P. Nos. 3922 24/78. K. M. K. Nair	 for the Respondent in W.P. Nos. 3922 24/78. R. N. Banerjee	 J. B. Dadachanji and K. J. John	 for the Petitioner in W.P. No. 1221/77. K. M. K. Nair for Respondent No. 1. A. section Nambiyar for Respondent No. 2. Miss A. Subhashini for Respondent No.5. P. Govindan Nair and K. Sukumaran for the Petitioners in W.P. Nos.3821 27/78. K. M. K. Nair for Respondent No. 1 in W.P. Nos. 3821 27/78. A. section Nambiar and P. Parameswaran for Respondents 2 3 in W.P. Nos. 3821 27/78. P. Govindan Nair and K. Sukumaran for the Petitioner in W. P. Nos. 3828 31/78. K. M. K. Nair for Respondent No. 1 in W.P. Nos. 3828 31/78. 679 A. section Nambiar and P. Parameswaran for Respondent No. 2 in W.P. Nos. 3828 31/78. R. N. Banerjee	 J. B. Dadachanji and K. J. John for the Petitioners in W.P. Nos. 44 50/77. Miss A. Subhashini for Respondent No. 1 in W.P. Nos. 44 50/77. K.M.K. Nair for Respondent No. 2 in W.P. Nos. 44 50/77. P. Govindan Nair	 Mrs. Baby Krishnan and Mrs. V. D. Khanna	 for the Petitioners in W.P. Nos. 4237/78. K. M. K. Nair for the Respondent in W.P. No. 4237/78. D. Govindan Nair and Mrs. Baby Krishnan for the Petitioners in W.P. No. 4400/78. K. M. K. Nair for the Respondent in W.P. No. 4400/78. R. N. Banerjee	 J. B. Dadachanji and K. J. John for the Petitioners in W.P. Nos. 92 97/77. Miss A. Subhashini for Respondent No. 1 in W.P. Nos. 92 97/77. K. M. K. Nair for Respondent No. 2 in W.P. Nos. 92 97/77. The Judgment of the Court was delivered by VENKATARAMIAH	 J. The common question which arise for consideration in the above writ petitions under Article 32 of the Constitution of India relates to the validity of the declaration made by the State Government of Kerala on March 20	 1976 declaring that raw cashewnut was an essential article	 in exercise of the power under clause (a) of section 2 of the Kerala Essential Articles Control (Temporary Powers) Act	 1961 (Act 3 of 1962) (hereinafter referred to as 'the Kerala Act ') and the Kerala Raw Cashewnuts (Procurement and Distribution) Order	 1977 (hereinafter referred to as 'the Order ') made by the State Government of Kerala in exercise of the powers conferred by section 3 of the Kerala Act regulating the procurement and distribution of raw cashewnuts grown in the State of Kerala. The petitioners are persons engaged in the cashewnut processing industry in the State of Kerala. Since the impugned declaration and the Order seriously interfered with the right of the petitioners to purchase sufficient quantities of raw cashewnuts for processing in their factories and imposed several other restrictions on them	 they have filed the above petitions. Although the validity of several other orders was also questioned in the present petitions	 the petitioners confined their challenge only to the impugned declaration and the 680 Order in the course of the arguments since according to them it was not necessary to urge their contentions as against those orders. The recital in the preamble to the Order states that it was being made in order to ensure the maintenance of supplies of raw cashewnuts which was considered to be essential for the continued employment of a large number of workmen in the State of Kerala and for their equitable distribution and availability at fair prices. It is further recited that the Order was being made as the State Government felt a doubt about the question whether the Kerala Raw Cashewnuts (Marketing and Distribution) Order 1976 issued under the Defence and Internal Security of India Rules	 1971	 for the very same purpose would continue to remain in force. The main provisions of the Order broadly related to the prohibition of sale of raw cashewnuts to any person other than an agent authorised to purchase by clause 3 thereof	 appointment of Co operative Societies as subagents	 imposition of restrictions on processing or conversion of raw cashewnuts and their distribution amongst the occupiers of cashewnut processing factories	 appointment and powers of Cashew Special Officer and other incidental and ancillary matters. The explanatory note attached to the Order stated that it was intended to regulate the procurement and distribution of raw cashwnuts by the State Government. The Order is issued by the State Government of Kerala under section 3 of the Kerala Act	 the object of which is to provide	 in the interest of the general public	 for the control of the production	 supply and distribution of	 and trade and commerce in certain articles which	 is the title of the Act indicates	 are considered to be essential for the community. The Kerala Act as originally enacted was intended to be in force for a period of five years from the date of its commencement. By successive amendments	 its life is extended to twenty years from the commencement of the Act. Although it makes provision for conferring power on the State Government to make appropriate orders regarding regulation of production	 supply and distribution of essential articles substantially on the lines on which the (Act 10 of 1955) (hereinafter referred to as the Central Act ') passed by the Parliament provides for the regulation of production	 supply and distribution of essential commodities as defined in the Central Act. the Kerela Act does not itself specify any article as an essential article. But the expression 'essential article ' is defined by section 2(a) of the Kerala Act thus : 681 "2. Definition. In this Act	 unless the context otherwise requires	 (a) "essential article" means any article (not being an essential commodity as defined in the ) which may be declared by the Government by notified order to be an essential article. " From the above definition it is clear that the State Government can declare as an essential article under the Kerala Act only an article which is not an essential commodity as defined in the Central Act. When such a declaration is made in respect of any article	 the State Government acquires the power to make an order under section 3 thereof in respect of such article. The State Government is	 however	 precluded from declaring any article which is an essential commodity under the Central Act as an essential article and from making an order for the purpose of controlling its production	 supply and distribution. This is obvious from the words in the parenthesis in section 2(a) of the Kerala Act defining the word 'essential article '. That the object of the Kerala Act is only to provide for regulation of production	 supply and distribution of an article which is not an essential commodity as defined under the Central Act is also clear from what is stated by the Kerala Government in the letter dated December 5	 1961 addressed by the Law Secretary	 Government of Kerala to the Central Government seeking the assent of the President to the Bill passed by the Kerala Legislature. The relevant part of the letter reads: ". . . . . . . Sub: The Kerala Essential Articles Control (Temporary Powers) Bill 1960. I am to forward herewith two copies of the Kerala Essential Articles Control (Temporary Powers) Bill	 1960	 as passed by the Legislative Assembly and reserved by the Governor for the consideration of the President. The Madras Essential Articles Control and Requisitioning (Temporary Powers) Act	 1949	 as amended by the Kerala Acts 24 of 1958 and 3 of 1959	 was in force in the Kerala State till 25 1 1960 when it expired by efflux of time. The (Central Act 10 of 1955) applies only in the case of essential commodities specified in that Act. At present there is no law in the State to control the production	 supply and distribution of	 and trade and commerce in	 essential articles required for industrial 682 and other purposes	 which do not fall within the ambit of the Central Act. For the implementation of the scheme under the programme of industrialisation during the Third Five Year Plan it may become necessary to control the production	 supply and distribution of	 and trade and commerce in	 articles which are not essential commodities and unless the Govt. have such powers	 difficulties are likely to arise. The object of the present legislation is to take power for the control of essential articles which are not essential commodities within the meaning of the Central Act. It empowers Govt. to declare any article	 not being an essential commodities within the meaning of 	 to be an "essential article" and to control	 by notified order	 the production	 supply and distribution of	 and trade and commerce in	 any such article. This is an enabling measure and is modelled on the Central . It is intended to be in force only for a period of five years. The subject matter of the legislation falls within the scope of entries 26 and 27 of the State List in the Seventh Schedule to the Constitution	 namely: 26. Trade and commerce within the State subject to the provisions of entry 33 of List III. Production	 supply and distribution of goods subject to the provisions of entry 33 of List III. Hence the State Legislature is competent to enact the measure. The provisions of the Bill may attract Articles 301 and 304(b) of the Constitution as imposing a reasonable restriction on the freedom of trade and commerce. Accordingly the previous sanction of the President for the introduction of the Bill in the State Legislature has been obtained as required by the proviso to article 304(b) in the letter of the Ministry of Commerce and Industry referred to as third paper above". One of the grounds urged on behalf of the petitioners in support of these petitions is that raw cashewnut being a foodstuff (which is an essential commodity under the Central Act)	 the State Government of Kerala could not make a declaration to the effect that it was an essential article under section 2(a) of the Kerala Act and consequently the impugned Order was outside the scope of the Kerala Act. On 683 behalf of the State Government	 it is contended that raw cashewnut is not a foodstuff and even if it is held to be a foodstuff having regard to the nature and object of the Order	 it should be treated as being within the competence of the State Government. The relevant part of section 2(a) of the Central Act containing the definition of the expression 'essential commodity ' read thus: "2. In this Act	 unless the context otherwise requires	 (a) "essential commodity" means any of the following classes of commodities: (i) cattle fodder	 including oilcakes and other concentrates; (v) foodstuffs	 including edible oilseeds and oils; Since it is argued on behalf of the State Government that foodstuffs ' only mean those articles which can be directly consumed without any kind of processing and that raw cashewnuts which are intended to be used as industrial raw material cannot	 therefore	 be called as 'foodstuffs ' in the strict sense	 it is necessary to examine the history of legislation relating to the trade and commerce within a State and production	 supply and distribution of goods in India. Under the Government of India Act	 1935	 entries 27 and 29 of List II in the Seventh Schedule read as follows: "27. Trade and commerce within the Province; markets and fairs; money lending and money lenders. Production	 supply and distribution of goods; development of industries	 subject to the provisions of List I with respect to the development of certain industries under Federal control. " Entry 34 of List I read as: "34. Development of industries where development	 under a Federal control is declared by Federal law to be expedient in the public interest. " From the above entries it is clear that the subject of trade and commerce within the Province and subject to entry 34 of List I	 the subject of production	 supply and distribution of goods were within the competence of the Provincial Government. As a result of the emergency proclaimed by the Governor General under section 102 of 684 the Government of India Act	 1935 on the outbreak of the Second World War the Federal Legislature acquired the power to make laws on all the subjects in the Provincial List. The laws made by the Federal Legislature on the provincial subjects after the Proclamation of Emergency were to cease to have effect on the expiration of a period of six months after the Proclamation of Emergency had ceased to operate except as respects things done or omitted to be done before the expiration of the said period. The Proclamation of Emergency was revoked on April 1	 1946. Consequently all laws made by the Federal Legislature on the subjects in the Provincial List were to cease to have effect after the expiry of September 30	 1946. During the period of emergency the Federal Legislature had passed a law enabling the Federal Government to issue Orders with respect to trade and commerce within the Provinces and the production	 supply and distribution of several commodities which were considered to be essential and those Orders were also to cease to have effect on the expiry of September 30	 1946. Since it was felt that the Federal Legislature should continue to have power to make laws on the subject of production	 supply and distribution of certain essential commodities	 on March 26	 1946 the British Parliament passed the India (Central Government and Legislature) Act	 1946 (9 & 10 Geo. 6	 Chapter 39) amending	 among others	 sub section (4) of section 102 of the Government of India Act	 1935 as to the effect of laws passed by virtue of the Proclamation of Emergency. The relevant part of that Act read: "2. (1) Notwithstanding anything in the Government of India Act	 1935	 the Indian Legislature shall during the period mentioned in section four of this Act have power to make laws with respect to the following matters (a) trade and commerce (whether or not within a Province) in	 and the production	 supply and distribution of cotton and woollen textiles	 papers (including newsprint). foodstuffs (including edible oil seeds and oils) petroleum and petroleum products	 spare parts of mechanically propelled vehicles	 coal	 iron	 steel and mica; and (b) . . . . . . (c) . . . . . . but any law made by the Indian Legislature which that Legislature would not but for the provisions of this section	 have been competent to make shall	 to the extent of the incompetency	 cease to have effect on the expiration of the 685 said period except as respects things done or omitted to be done before the expiration thereof. " Section 4 of that Act specified the duration of the legislative power conferred on the Federal Legislature by section 2 and section 5 prescribed the duration of laws passed by virtue of a Proclamation of Emergency. It is seen from section 2(1)(a) of the above British Act that for the first time	 the subject of foodstuffs (including edible oil seeds and oils) was dealt with separately in a constitutional document. The Governor General in exercise of the extended legislative power granted by the British Act promptly issued within the specified period the Essential Supplies (Temporary Powers) Ordinance 1946) (XVIII of 1946) extending the controls in respect of certain essential commodities including foodstuffs beyond the first day of October	 1946 and the said Ordinance was repealed and replaced by the Essential Supplies (Temporary Powers) Act	 1946 (Act No. XXIV of 1946) enacted by the Federal Legislature in November	 1946. Section 2(a) of that Act defined the expression 'essential commodity ' as meaning 'foodstuffs ' and certain other articles mentioned therein. Section 2(e) defined 'foodstuffs ' as including edible oil seeds and oils. The operation of the said Act was extended by competent legislative acts upto March 31	 1950. Since by Entries 26 and 27 of List II of the Seventh Schedule to the Constitution	 the subject of trade and commerce within the State subject to the provisions of Entry 33 of List III and the subject to production	 supply and distribution of goods subject to the provisions of Entry 33 of List III had been assigned to the States and Entry 33 of List III only dealt with trade and commerce in	 and the production	 supply and distribution of the products of industries where the control of such industries by the Union was declared by Parliament by law to be expedient in the public interest	 having regard to the then existing conditions	 Article 369 was enacted as a temporary and transitional measure conferring legislative power on the Parliament during a period of five years from the commencement of the Constitution to make laws with respect to the following matters as if they were enumerated in the Concurrent List	 namely: (a) trade and commerce within a State in	 and the production	 supply and distribution of	 cotton and woollen textiles	 raw cotton (including ginned cotton and unginned cotton or kapas)	 cotton seed	 paper (including newsprint)	 foodstuffs (including edible oilseeds and oil)	 cattle fodder (including oil cakes and other concentrates)	 coal (including coke and derivatives of coal)	 iron	 steel and mica; 686 (b) offences against laws with respect to any of the matters mentioned in clause (a)	 jurisdiction and powers of all courts except the Supreme Court with respect to any of those matters	 and fees in respect of any of those matters but not including fees taken in any court. It was provided that any law made by Parliament which Parliament would not but for the provisions of Article 369 of the Constitution have been competency to make would	 to the extent of the incompetency	 cease to have effect on the expiration of the period of five years from the commencement of the Constitution except as respects things done or omitted to be done before the expiration thereof. It may be noticed that clause (a) of Article 369 of the Constitution specifically referred to foodstuffs (including oilseeds and oil) and cattle fodder (including oil cakes and other concentrates). By virtue of the power under Article 369	 the Parliament extended the life of the Essential Supplies (Temporary Powers) Act	 1946 till January 26	 1955. As the subjects referred to in Article 369 of the Constitution were of national importance and it was thought that it was desirable that the Parliament should also have concurrent power to make laws with respect to them	 the Constitution (Third Amendment) Act	 1954 was enacted on February 22	 1955 substituting Entry 33 of List III by the following new Entry: "33. Trade and commerce in	 and the production	 supply and distribution of	 (a) the products of any industry where the control of such industry by the Union is declared by Parliament by law to be expedient in the public interest	 and imported goods of the same kind as such products; (b) foodstuffs	 including edible oilseeds and oils; (c) cattle fodder	 including oilcakes and other concentrates; (d) raw cotton	 whether ginned or unginned	 and cotton seed; and (e) raw jute. " It was pursuant to the new Entry 33 of List III of the Seventh Schedule to the Constitution that Parliament enacted the Central Act (i.e. the ). It is not disputed by the State Government that if raw cashewnut is foodstuff within the meaning of the Central Act	 it cannot be declared as an essential article under the Kerala Act. What is	 however	 687 urged is that since the Order regulates only procurement and distribution of raw cashewnut as industrial raw material for processing in the factories it is not being dealt with as foodstuff. Hence it should not be treated as an essential commodity under the Central Act. There are at least two good reasons to reject this contention advanced on behalf of the State Government first	 the language used in section 2(a) (v) of the Central Act and secondly the purpose of the Central Act. Section 2(a) (v) of the Central Act reads: 'foodstuffs. including edible oilseeds and oils '. It is a well known rule of interpretation that associated words take their meaning from one another and that is the meaning of the rule of statutory construction	 noscitur a sociis. When 'foodstuffs ' are associated with edible oilseeds which have to be processed before the oil in them can be consumed	 it is appropriate to interpret 'foodstuffs ' in the wider sense as including all articles of food which may be consumed by human beings after processing. It is in this wider sense that the said term has been understood by Indian courts as can be seen from some of the decisions to which we shall presently refer. Secondly	 having regard to the history of legislation relating to foodstuffs dealt with above and the object of the Central Act which regulates the production	 supply and distribution of essential commodities amongst the poverty stricken Indian people	 the expression 'foodstuffs ' should be given a wider meaning as including even raw materials which ultimately result in edible articles. Any interpretation that may be given in this case should not be governed by its consequence on the impugned Order but in the light of the importance of the Central Act in the context of the national economy. A narrow interpretation may result in the exclusion of several articles from the purview of the Central Act although nobody has entertained any doubt so far about their being essential commodities. We shall now see what cashewnut means. Cashewnut is an edible seed or nut belonging to the family of anacardiaceae and grows mostly in tropical and sub tropical regions where humidity is great. It is generally grown in the States of Kerala	 Karnataka and Tamil Nadu	 in India	 in East Africa and in the tropics of Central and South America. Cashewnut is shaped like a kidney or a large thick bean. 'It appears as though one of its ends had been forcibly sunk into the calyx end of a fleshy pear shaped fruit	 called the cashew apple which is about three times as large as the nut and of reddish or yellow colour. The cashew apple is much used where the tree grows	 in beverages	 jams and jellies but is unimportant commercially. The nut has two walls or shells	 the outer of which is smooth and glass like over the surface thin and somewhat elastic but stout and of olive green 688 colour until mature when it becomes strawberry roan. The inner shell is considerably harder and must be cracked like the shells of other nuts. . The fruits are picked by hand and the nuts are first detached	 then thoroughly dried in the sun. .By improved methods of roasting	 the nuts pass through large revolving cylinders of sheet iron with perforated sides	 which are made to revolve above well controlled flames. The oil drains into containers below and is salvaged. Later	 the inner shells are broken open by hand labour and the kernels given further heating treatment by which the skins are removed and the kernels made ready for consumption '. (Vide Encyclopaedia Britannica 1962 Edn. 4	 pp. 958 959). It is not disputed that the raw cashewnut with which we are now concerned is used by the petitioners for processing in their factories in order to make it fit for human consumption. It is also stated that even the raw cashewnut kernel is eaten by human beings. It is well known that the food eaten by human beings consists of cereals like wheat	 rice or other coerce grains	 pulses	 oilseeds	 vegetables	 sugar	 fruits and nuts	 animal foodstuffs and sea food like meat	 beaf	 mutton and fish and dairy products like milk	 butter	 eggs etc. According to Webster 's Third New International Dictionary	 the word 'food ' means 'fodder ' also. One of the meanings of the word 'food ' given in that Dictionary is 'material consisting of carbohydrates	 fats	 proteins and supplementary substances (as minerals vitamins) that is taken or absorbed into the body of an organism in order to sustain growth	 repair	 and all vital processes and to furnish energy for all activity of the organism '. In the same Dictionary 'foodstuff ' is defined as 'a substance with food value ' and 'the raw material of food before or after processing '. One of the usages of the said word is given as 'a bountiful crop of cereal foodstuffs '. Therefore	 'foodstuff ' need not necessarily mean only the final food product which is consumed. It also includes raw food articles which may after processing be used as food by human beings. The earliest of the Indian cases cited before us on the interpretation of the expression 'foodstuffs ' is Shriniwas Pannalal Chockhani & Ors. vs The Crown. In that case the conviction of the appellant of an offence punishable under section 7 of the Essential Supplies (Temporary Powers) Act	 1946 had been challenged. The charge of which the appellant had been found guilty by the judgment under appeal was that he had transported 'bharda ' or 'chuni bharda ' which was a foodstuff without the required permit. The contention of the appellant was that it was just cattle feed which was not fit for human consump 689 tion and therefore it could not be said that he had violated the law on the footing that the material transported was 'tur dal ' a foodstuff the transport of which alone without a permit was an offence. The said argument was rejected by the Nagpur High Court with the following observations: "The learned counsel for the appellants further contended that as the Essential Supplies (Temporary Powers) Ordinance	 1946 [XVIII (18 of 1946)] and the Essential Supplies (Temporary Powers) Act	 1946 [XXIV (24) of 1946]	 dealt with "foodstuffs" and not "cattle feed" export of chuni	 a cattle feed was not prohibited under the Food grains Export Restrictions Order	 1943. The term "foodstuff" has not been defined either in the Ordinance or in the Act. In common parlance	 foodstuffs mean "materials used as food". The term is not used only for material which is immediately fit for human consumption but it also applies to material which can be used as food after subjecting it to processes like grinding	 cleaning etc. For instance	 paddy as such is not fit for human consumption but rice in it is	 and yet paddy is called foodstuff. So also tur. There is no reason to suppose that the word "food stuffs" is not used	 in these laws	 in this usual sense but is used in the restricted sense of material which is fit for human consumption immediately without subjecting it to any process. If such a restricted meaning is accepted	 it would lead to evasion of the Law in question by mixing some foreign matter with the stuff that is immediately fit for human consumption. The test is not whether it can be immediately used for human consumption but whether it can be so used after subjecting it to the usual processes. The uncleaned tur dal (ie. tur dal without separating from it wastage and foreign matter) which was being exported on 26 12 1946 in this case was such a foodstuff and comes within the provisions of the Essential Supplies (Temporary Powers) Ordinance 1946	 and the Essential Supplies (Temporary Powers) Act	 1946". In the State of Bombay vs Virkumar Gulabchand Shah this Court was called upon to decide whether 'turmeric ' was 'foodstuff ' in a case arising under the Essential Supplies (Temporary Powers) Act	 1946. Vivian Bose	 J. who delivered the judgment after observing: 690 "So far as "food" is concerned it can be used in a wide as well as a narrow sense and	 in my opinion	 much must depend upon the context and background. Even in a popular sense	 when one asks another	 "Have you had your food"	 one means the composite preparations which normally go to constitute meal curry and rice	 sweetmeats	 pudding	 cooked vegetables and so forth. One does not usually think separately of the different preparations which enter into their making of the various condiments and spices and vitamins	 any more than one would think of separating in his mind the purely nutritive elements of what is eaten from their non nutritive adjuncts. So also	 looked at from another point of view	 the various adjuncts of what I may term food proper which enter into its preparation for human consumption in order to make it palatable and nutritive	 can hardly be separated from the purely nutritive elements if the effect of their absence would be to render the particular commodity in its finished state unsavoury and indigestible to a whole class of persons whose stomachs are accustomed to a more spicely prepared product". held: "As we have seen	 turmeric falls within the wider definition of 'food ' and 'foodstuffs ' given in a dictionary of international standing as well as in several English decisions. It is	 I think	 as much a "foodstuff"	 in its wider meaning	 as sausage skins and baking powder and tea. In the face of all that I would find it difficult to hold that an article like turmeric cannot fall within the wider meaning of the term "foodstuffs". Following the above decision of this Court	 the High Court of Calcutta held in Atulya Kumar De & Ors. vs The Director of Procurement and Supply & Ors. that paddy was foodstuff within the meaning of that expression used in the Essential Supplies (Temporary Powers) Act	 1946 even though paddy could not be consumed without further processing. The relevant part of the decision runs thus: "The first point taken is that the power conferred by the Act (read with the notification) upon the State of West Bengal is only in relation to foodstuffs and that paddy is not foodstuff. It is stated that the description of paddy at "Rice in 691 the "husk" is a colourable attempt to avoid this difficulty. In 'The State of Bombay vs Virkumar Gulabchand Shah ' (AIR 	 it was held that turmeric is "foodstuff" within the meaning of the Spices (Forward Contract Prohibition) Order 1944" read with section 2(a) of the Act. It was held that the term "foodstuff" is ambiguous and may have a vide meaning or a narrow one. Whether the term is used in a particular Statute in its wider or narrower sense cannot be answered in the abstract but must be answered with due regard the background and context. Thus in 'James vs Jones ' [(1894) 1 Q.B. 304]	 baking powder was held to be an article of food while in 'Hinde vs Allmond ' 	 it was held that tea was not. Now the act had been passed to control the production and distribution of essential commodities. What can be looked upon more of an essential commodity than both rice and paddy ? In West Bengal	 the two things most essential for the sustenance of human life are rice and paddy. Mr. Mukherjee admits that rice is an essential commodity & a foodstuff	 but he says that paddy is not because nobody can eat paddy. But that is a very narrow view to take. Paddy is only a stage in the production of rice and the one cannot be food without the other being food as well. Nobody eats the husk in paddy; but nobody eats the skin of mango or the shell of a egg and yet they are unquestionably articles of food. In my opinion paddy is 'foodstuff ' within the meaning of that expression as used in the Act and the notification. " To the same effect is the decision of the Calcutta High Court in Nathuni Lal Gupta & Ors. vs The State & Ors. in which wheat and wheat products were held to be foodstuffs. The High Court of Punjab and Haryana in Sujan Singh Matu Ram vs The State of Haryana and the High Court of Orissa in Bijoy Kumar Routrai & Ors. vs State of Orissa & Ors. also lay down the same principle. In Tika Ramji & Ors. vs The State of Uttar Pradesh & Ors. this Court observed: "The essential commodities therein comprised inter alia foodstuffs which would include sugar as well as sugarcane 692 and both sugar and sugarcane therefore came within the jurisdiction of the Centre. " The above observation makes it manifest that even a raw material like sugarcane used in the manufacture of sugar is a 'foodstuff '. Younus vs Sub Inspector of Police is a case in which the question whether raw cashewnut was foodstuff or not directly arose for consideration. The learned Judge who decided the case held: "The reasoning adopted for holding that wheat and paddy are foodstuffs applies with equal force in the case of cashewnuts. There is no scope for doubt that cashew kernel is an eatable commodity both in its raw form and also when fried. It is taken in as part of the food and is also used in the preparation of food. That its kernel should be separated from the shell or outer covering or that it should be processed before use does not make raw cashewnuts any the less "foodstuff. " It is also significant that 'raw cashewnut ' is included in the group of edible fruits in Chapter 8 of section II dealing with vegetable products of the First Schedule to the . It was	 however	 urged that even though cashewnut was an article which could be eaten	 it was an article which was eaten by very few persons on rare occasions and hence it is difficult to conceive cashewnut as an essential commodity. It is no doubt true that cashewnut having become expensive	 it is now more of a luxury. Due to export of cashewnut on a large scale	 it is a commodity which is in short supply in the country and therefore the price at which it sells is beyond the reach of the common man. But nevertheless it is an article of food. It is eaten in raw form and after it is fried. It is also commonly used in various preparations of food like pulav	 sweets etc. There is no basis for the assertion that it is a rare commodity outside the State where it is grown. It is eaten not only in Kerala but also in other parts of the country. When cashewnut is exported	 it is exported as a foodstuff. Now it cannot be that cashewnut eaten abroad is a foodstuff	 and whatever is consumed within the country is not a foodstuff. It is therefore	 a foodstuff and must be classified as an essential commodity. Its importance as a foodstuff can also be seen from the statements filed in these cases in which is stated that in the State of Kerala in the year 1976 77 the total quantity of raw cashewnut procured was in the order of 60	000 tonnes	 the number of workers 693 engaged in the cashewnut processing industry was about 1	20	000 and that there were 269 cashew factories. It was next urged that cashewnut could be treated as an essential article only for the purpose of export and not an essential commodity under the Central Act. This again is not correct. The Central Government can make an Order under the Central Act even when an essential commodity is used for industrial purpose or for purposes of export. Essential commodities do not cease to be essential commodities under the Central Act merely because they are exported after they are processed in India. Foodgrains (Prohibition of Use in Manufacture of Starch) Order	 1971	 The Fruit Products Order	 1955	 The Gur (Regulation of Use) Order	 1978	 Pulses	 Edible Oilseeds and Edible Oils (Storage Control) Order	 1977	 Rice (Prohibition of Use in Wheat Products) Order	 1971. Vegetable Oil (Standards of Quality) Order	 1972	 Vegetable Oil Product Producers (Regulation of Refined Oil Manufacture) Order	 1973 and the Essential Commodities (Regulation of Production and Distribution for purposes of Export) Order	 1966 demonstrate the diverse purposes for which an Order can be made under the Central Act. It was next urged that as long as the Central Government had not passed an order in respect of the same matter	 it was open to the Government of Kerala to pass the impugned Order. Reliance was also placed on the decision of this Court in Tika Ramji 's case (supra)	 in which U.P. Sugarcane Regulation of Supply and Purchase Order	 1954 was upheld even though sugarcane was an essential commodity under the Central Act. In that case this Court was concerned with the question whether there was any repugnancy between a Central law and a State law. We are not concerned here with such a question. If a question of application of Article 254 of the Constitution had arisen	 it would have been open to consider whether there was any repugnancy at all between the two laws having regard to the scope and extent of the field occupied by the Central law and the State law. But the real question which now arises for decision in these petitions is whether the Kerala Legislature ever intended to treat any article which comes within the scope of the Central Act as an essential article. The language of section 2(a) of the Kerala Act steers clear of all essential commodities under the Central Act by excluding them from the operation of the Kerala Act. The power of the Central Government to make an order under the Central Act in respect of raw cashewnut which is a foodstuff cannot be doubted. If that is so the Kerala Act cannot apply to it. The argument that as long as the Central Government had not made an Order in respect of raw cashew 694 nut	 the Kerala Government can pass an Order is not available in the circumstances by reason of the definition of the 'essential article ' in the Kerala Act. It might have been open to consideration if the said definition had not contained the words in the parenthesis. On a careful consideration of the matter	 we are satisfied that raw cashewnut is a foodstuff falling under section 2(a) (v) of the Central Act and hence cannot be declared as an essential article under section 2(a) of the Kerala Act. It follows that no Order can be made by the Government of Kerala under section 3 thereof in respect of raw cashewnut. The action of the Kerala Government is beyond the power conferred on it by the Kerala Legislature. In the result	 we hold that the declaration made by the Government of Kerala to the effect that raw cashewnut is an essential article under the Kerala Act and the impugned Order made thereunder are liable to be quashed and they are accordingly quashed. All the other contentions including those relating to the alleged infringement of the fundamental rights of the petitioners raised in these petitions are left open. Before concluding	 we propose to advert to the last submission made before us on behalf of the State Government. It was submitted that the cashewnut industry in Kerala was a labour oriented industry and if the declaration and the Order were struck down	 a number of workmen would be adversely affected. It was also submitted that the entire economy of the State of Kerala which largely depended on the export trade in cashewnuts would be disrupted. If any such serious problem arises	 it can always be set right by the competent Legislature or the appropriate Government taking needful remedial action in the light of Entry 33 of List III of the Seventh Schedule to the Constitution. The petitions are accordingly allowed. In the circumstances of the case	 there shall be no order as to costs. P.B.R. Petitions allowed.

By an order made on March 20	 1976 the Kerala State Government declared that raw cashewnut was an essential article under section 2(a) of the Kerala Essential Articles Control (Temporary Powers) Act	 1961 and thereafter promulgated the Kerala Raw Cashewnuts (Procurement and Distribution) Order 1977 under section 3 thereof	 regulating the procurement and distribution of raw cashewnuts in the State of Kerala. The expression "essential article" is defined in section 2(a) of the Kerala Act as "an article (not being an essential commodity as defined in the ) which may be declared by the Government by a notified order to be an essential article". Under Section 2(a) (v) of the essential commodity means "foodstuffs	 including edible oilseeds and oils. " In their petitions under article 32 of the Constitution the petitioners who were engaged in the processing of raw cashewnuts urged that raw cashewnut being a foodstuff	 which was an essential commodity under the Central Act	 the State Government could not make a declaration that it was an essential article under section 2(a) of the State Act and that for this reason the declaration and the impugned order were ultra vires the State Act. On behalf of the State Government it was contended that the expression "foodstuffs" meant only those articles which could be directly consumed without any kind of processing since the order regulated only the procurement and distribution of raw cashewnuts which were used as industrial raw material	 they could not be called foodstuffs in the strict sense and were not an "essential commodity" within the meaning of that term under the Central Act. Allowing the petitions	 ^ HELD: Raw cashewnut is a foodstuff under section 2(a)(v) of the Central Act and hence cannot be declared as an essential article under section 2(a) of the Kerala Act. No order could therefore be made by the State Government under section 3 thereof in respect of raw cashewnuts. Therefore the declaration made by the State Government to the effect that raw cashewnut is an essential article under the Kerala Act and the impugned order made thereunder are liable to be quashed. [694 B C] The words in parenthesis in section 2(a) of the State Act make it clear that the State Government can declare as an essential article under the State Act 677 only an article which is not an essential commodity under the Central Act. It is a well known rule of interpretation that associated words take their meaning from one another and that is the meaning of the rule of statutory construction noscitur a sociis. When the term 'foodstuffs ' is associated with edible oilseeds which have to be processed before the oil in them can be consumed	 it is appropriate to interpret 'foodstuffs ' in the wider sense as including all articles of food which may be consumed by human beings after processing. [687 C] Having regard to the fact that the object of the Central Act is to regulate production	 supply and distribution of essential commodities amongst the people	 the expression 'foodstuffs ' should be given a wider meaning as including even raw materials which ultimately result in edible articles. [687 D E] The dictionary meaning of 'foodstuff ' is 'a substance with food value ' and 'the raw material of food before or after processing '. Therefore 'foodstuff ' need not necessarily mean only the final food product which is consumed. It also includes raw food articles which may	 after processing	 be used as food by human beings.[688 F] State of Bombay vs Virkumar Gulabchand Shah ; and Tika Ramji & Ors. etc. vs The State of Uttar Pradesh & Ors. ; at 418 referred to. Although as a result of large exports of cashewnut it is now in short supply and its price is beyond the reach of the common man	 it is an article of food eaten in raw form and is used in various preparations. It is eaten in all parts of the country though it is grown in a few States. It is exported as foodstuff. It is	 therefore	 a foodstuff and must be classified as an essential commodity. [692 M G] There is no substance in the argument that cashewnuts can be treated as an essential article only for the purposes of export and not an essential commodity under the Central Act. The Central Government can make an Order under the Central Act even when an essential commodity is used for industrial purposes or for purposes of export. Essential commodities do not cease to be essential commodities under the Central Act merely because they are exported after they are processed in India. [693 B] The argument that so long as the Central Government had not made an order in respect of raw cashewnuts the State Government can pass an order is not available in the circumstances by reason of the definition of essential article in the Kerela Act. [693 E]