CASHEWNUT PROCESSING ENTERPRISE Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THE petitioner is a concern running a small scale industry of processing of Cashewnuts. It collects the shelled Cashewnut fruits from the trees direct. The processing is done in different stages : (i) Roasting of the Shelled speeds fruits (ii) Breaking of the coverings i. e. shells and bringing out of food materials ( iii) Drying up the food materials in drying chambers (iv) Pilling or strip) ping off the dried up nuts (food material ) (v) Treating the stripped off inner nuts (food 'materials), at times with salt (vi) Sorting and grading the; inner nuts (food materials)as produced (vii) Packaging. It is contended that the [processing, requires 4 to 6 days time in the factory.

(2.) ON the completion of the processing, "kaju Badam", as a food materials is produced, which according to the petitioner is a ready made food for human consumption and the same is pat to market for sale as such. It is contended that the processed Kaju Badam is an article completely different from the shelled Cashewnut seed fruits as found on trees before or at the time of collection and prior to commencement of processing.

(3.) THE case of the petitioner is that as a processed article of food "kaju Badam" ceases to be a forest produce within the meaning of section 2 (4) (b) of the Indian Forest Act 1927.