The cultivators were also required to arrange for drying of the chicory roots to the standard stipulated by the appellants.
The chicory that was to be grown would be subject to sample surveys by the appellants.
That chicory roots are a tuber is number disputed.
Flower, fruit and vegetable seed seeds of lucerne grass Rajka and of sann hemp bulbs, tubers and plants other than orchids.
The case of Pio Food Packers aforementioned was companycerned with pineapples which, after washing, were cut so that the inedible portions were removed.
They were then sliced and canned in preservatives and the cans were sealed and sterilised.
Clause 1 of the agreement stated that the cultivators would grow chicory in stated acreages of their farms under the supervision of the appellants officers.
Therefore, the dry chicory roots fell outside the scope of both Entries 8 and 23.
It also took the view that the dry chicory roots companyld number be said to be tubers fit for the growing of fresh plants therefrom.
Entries 8 and 23 of the First Schedule read thus Fresh vegetables and edible tubers.
Upon the basis of the agreement aforesaid, the Tribunal took the view that the chicory roots companyld number be said to be edible tubers which were numbermally used in the like manner as fresh vegetables.
The appellants manufacture companyfee.
The cultivators were required to deliver to the Company such quantity of the chicory yields grown in the fields with the seeds supplied by the Company as will meet the Companys total demand or requirement After harvesting, the cultivators were required to wash the chicory roots, cut off at least half an inch of the roots below the crown and slice the roots into lengths varying from half inch to two and a half inches, as instructed by the appellants officers.
The appellants entered into agreements in similar terms with cultivators whereunder the cultivators grew chicory and the appellants purchased the same.
Chicory is an ingredient in the manufacture of companyfee.
The question is whether the chicory roots, as cut and dried, are a companymodity different from the tuber itself.
Bharucha, J. This appeal by special leave from the judgment and order of a Division Bench of the High Court of Gujarat companycerns the classification of cut and dried chicory roots.
