Court holds ‘Hing’ falls within “Hindi Matter” (spices) under Maharashtra Agricultural Produce Marketing Act; quashes State Government’s order denying market fee recovery
In a significant judgment delivered on September 1, 2026, the Bombay High Court, presided over by Justice Amit Borkar, upheld the authority of the Nashik Agricultural Produce Market Committee to levy market fees on Asafoetida, commonly known as ‘Hing’. The Court clarified that Asafoetida qualifies as a spice under the expression “Hindi Matter” used in the Maharashtra Agricultural Produce Marketing (Regulation) Act, 1963, and therefore falls within the scope of agricultural produce on which market fees may be imposed.
The case arose when the Nashik Agricultural Produce Market Committee sought to recover market fees on the sale of Asafoetida within its market area under Section 31 of the Maharashtra Act, relying on a 2005 Notification that specified “Masalyache Padartha” (spices) as agricultural produce. The respondent, Shri N.G. Thakkar And Sons, challenged this recovery arguing that ‘Hing’ was not specifically mentioned in the Schedule to the Notification and thus was not subject to market fee.
The Director of Marketing initially sided with the respondent, holding that Asafoetida was not covered by the Notification, a decision later confirmed by the State Government in Appeal No. 2 of 2012. The Nashik Committee then filed a writ petition challenging the legality of these orders.
Justice Borkar undertook a detailed analysis of the Maharashtra Agricultural Produce Marketing Act, 1963, its Schedule, and the relevant Central laws, including the Spices Board Act, 1986, and the Customs Tariff Act, 1975. The Court noted that while ‘Hing’ was not individually named in the Maharashtra Schedule, the general term “Hindi Matter” or spices used in the Notification encompasses Asafoetida.
The Court relied on the Spices Board Act’s Schedule, which explicitly lists ‘Asafoetida’ as a spice, and the statutory definitions under the Customs Tariff Act that characterize spices as vegetable products rich in essential oils and aromatic principles used as condiments. The Court also referred to the Compounded Asafoetida Grading and Marking Rules, 1984, which regulate compounded Asafoetida (Bandhani Hing) in India, affirming that compounded forms retain the essential character of Asafoetida.
Furthermore, the Court observed that the Food Safety and Standards Act, 2006 and its regulations separately recognize Asafoetida and compounded Asafoetida, underscoring their legal status as regulated food products. On this basis, the Court rejected the respondent’s narrow interpretation that the absence of the specific word “Hing” in the Schedule excludes it from the category of spices.
The Court held that the State Government and the Director of Marketing failed to consider the Petitioner’s detailed submissions and statutory material, rendering their orders unsustainable. The Court quashed both the appellate order of September 4, 2014, and the Director of Marketing’s order dated October 15, 2011, and ruled that Asafoetida is covered under “Hindi Matter” in the 2005 Notification.
Consequently, the Nashik Agricultural Produce Market Committee is entitled to levy and recover market fees on Asafoetida under Section 31 of the Maharashtra Agricultural Produce Marketing (Regulation) Act, subject to the applicable rules and notifications. The respondent is liable to pay the market fee in accordance with law, with adjustment for any amounts already paid.
This judgment clarifies that commodities recognized as spices under central legislation can be covered under broader class terms in state agricultural marketing laws, ensuring regulatory consistency and supporting agricultural market committees in their fee recovery functions.
Bottom Line:
Asafoetida (Hing) is covered under the expression "(Masalyache Padarth)" (spices) in the Notification dated 8 December 2005, enabling the Agricultural Produce Market Committee to levy and recover market fees under the Maharashtra Agricultural Produce Marketing (Regulation) Act, 1963.
Statutory provision(s):
Maharashtra Agricultural Produce Marketing (Regulation) Act, 1963 - Sections 2(1)(a), 4, 31, 62; Spices Board Act, 1986 - Section 2(n); Customs Tariff Act, 1975 - Schedule, Chapter 9, Supplementary Notes 2 & 3; Agricultural Produce (Grading and Marking) Act, 1937; Compounded Asafoetida Grading and Marking Rules, 1984; Food Safety and Standards Act, 2006 - Regulation 2.9.29 (Food Products Standards and Food Additives) Regulations, 2011
