Order

Leave granted.

2. Appellant stood convicted under Section 16(1)(A) of the Prevention of Food Adulteration Act read with Section 7(1) thereof and was sen­tenced to undergo rigorous imprisonment for 6 months and to pay a fine of Rs. 2000/-. The conviction was confirmed in appeal and the High Court did not interfere.

3. Learned counsel for the appellant made a plea for affording the benefit which has been given to the accused in the decision of this Court, namely, N. Sukumaran Nair v. Food Inspector Mavekhara1. The said plea is made on the premise that the offence in this case took place in the year 1983 and the food article - ground-nut oil on analy­sis was found not to contain any foreign substance or anything injuri­ous to health and that it was found adulterated solely on the ground that its constituents fell below the standard very marginally. To convince us of the said contention learned counsel produced a copy of the report of the Public Analyst. The result of the analysis is incor­porated therein as follows :

“(a) B.R. reading to 40oC 58.8

(b) Iodine Value 100.8

(c) Saponification Value 180.6

(d) Free fatty acids as Oleic acid 0.3%

(e) Bellier test (Turbidity temp.