Garlic no longer to be treated as fruit or vegetable; commission agent system ruled illegal
New Delhi, April 21, 2025:
SC ends daily ₹2 Crore garlic commission: In a landmark decision, the Supreme Court has ruled that treating garlic as a fruit or vegetable and charging commission (aadat) on its sale is completely illegal. The judgment brings major relief to garlic farmers in Madhya Pradesh and puts an end to what was described as a “daily loot” of ₹2 crore through commission charges.
The case (No. 19957/2024) is the result of a 19-year-long legal battle spearheaded by Mukesh Somani, a farmer and trader, who stood firm in his belief that justice would prevail.
Key Highlights of the Verdict:
- The Supreme Court has nullified the Madhya Pradesh Mandi Board’s order dated 13.02.2015, which had directed garlic to be auctioned like fruits and vegetables.
- The Court stated: “Garlic falls under the category of condiment spices, not fruits or vegetables. Selling it like fruits or vegetables and charging commission is illegal.”
- With this decision, the illegal commission of about ₹2 crores per day, being collected from farmers for the last 9 years, has now been completely stopped.
How Did This Fight Begin?
In 2006, Mr. Mukesh Somani observed that out of the 258 mandis (agricultural markets) in Madhya Pradesh, only 4 mandis were following the commission agent system, while the other 254 were operating under a direct government purchase system. Realizing this as economic exploitation of farmers, he immediately began a legal battle against the injustice.
From the very beginning, Advocate Mr. Abhishek Tugnawat stood firmly by his side, offering constant legal support.
The case traveled through the Madhya Pradesh High Court and eventually reached the Supreme Court. There, senior advocate Dr. Harsh Pathak, along with Mr. Abhishek Tugnawat, fought the case, which finally led to a Supreme Court ruling freeing farmers in Madhya Pradesh from illegal commission charges by middlemen.
Mr. Mukesh Somani stated: “This is not just a legal victory — it’s a restoration of the dignity of farmers. Now, our fight is to ensure that the illegal commission of around ₹20,000 crores, collected from garlic between 2016 and 2025, is returned to the farmers.”
He also announced that his next goal is to abolish the 5% commission currently levied on onions in Madhya Pradesh, to ensure no further exploitation of farmers.
“This is not just one person’s victory; it’s a victory of the entire farming community. Mukesh Somani and Abhishek Tugnawat have proved that if a farmer becomes aware and organized, the law will support them and even the system will be forced to bow.”
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