Jagdish Chandra, J.-

( 1 ) THIS petition under Section 482 of the Code of Criminal Procedure, 1973 has been filed by the petitioners for quashing the proceedings pending against them under Sections 7 and 16 of the Prevention of Food Adulteration Act, 1954 (hereafter to be referred to as the act ) in the Court of Shri G. P. Mittal, Metropolitan Magistrate, New Delhi, in the case Delhi Administration v. Prem Oil Industries etc. Petitioner No. I B L, Kohli is the nominee of petitioner No. 2 Prem Oil Industries (Pvt.) Ltd. in terms of Section 17 of the Act

( 2 ) THE facts of the case are that on 26th August, 1980 a sample of Catechu (Katha) was lifted from Prem Oil Industries (Pvt.) Ltd. and on analysis it was found to be adulterated as the loss on drying basis was found to be 15. 62%, by weight instead of 12% prescribed vide item A : 21 of Appendix b of the Prevention of Food Adulteration Rules, 1955 (hereinafter to be referred to as the Rules ). The complaint against the petitioners was lodged by the respondent Delhi Administration on 9th January, 1981 and the same is pending even now.

( 3 ) THE prescribed standard of Indian Standard Institution (in short ISI) prescribed in December, 1978 that the loss on drying basis per cent by weight should not be more than 16 and the said institution made it clear in Item 0. 4 in Indian Standard Specification for Katha that a rational specification for Katha, fair both to the manufacturer as well as consumer, should. 153 1986 (11) take into account its main constituent namely Catechu. But the specifications recommended remained overlooked and were not provided in the Rules and this has given rise to anomalous position. Consequently, the Central Committee for Food Standards requested I. S. I, to undertake the task of evolving rational standards for Katha and an Indian Standard Specification formulated as a result of collaborative testing over a number of years paved the foundation for testing Katha and made the task of preparation of specification a reality and hoped that this specification would be adopted for the purpose of the Rules. Ultimately it is vide notification No. GSR 11 (E) dated 4th January, 1985 that the standard of Katha has been amended and now the limit of 12% has been raised to 16% and the amendment has come into being in Item A. 21 Clause (b) of the Rules which now reads as follows :

"a. 21. CATECHU (Edible) shall be the dried aqueous estract prepared from the heart-wood of Acacia catechu. It shall be free from infestation, sand, earth or other dirt and shall conform to the following standards : (a ). . . . . . . . . . . . . . . (b) When dried to constant weight at 100 C, it shall not lose more than 16 per cent of its weight. " XX XX XX XX XX XX XX

( 4 ) NOW the short question which falls for determination is whether a subsequent amendment in the standard prescribed in the Rules for an article of food would enure for the benefit of the accused, even though on the date on which the sample was lifted the article was adulterated as per the standard then in force.

( 5 ) THE learned counsel for the petitioners has relied upon and decision of this court by J D Jain, J. in Criminal Revision No 127/77-Municipal Corporation of Delhi v. Mil. Hindustan Breakfast Food Manufacturing Factory and others, decided on May21, 1985, wherein when a sample of corn flakes was taken by the Food Inspector on 3rd September, 1973 the same was found to be adulterated due to 2. 47% excess in moisture (prescribed limit of moisture content being 5%) but subsequently, however, during the pendency of the trial the standard for the corn flakes was modified in the Rules by virtue of notification No. GSR 63 (E) dated 5th February, 1976 whereby the permissible limit of moisture was enhanced form 5% to 7. 5%, it was held that the sample of corn flakes would be deemed to conform to the amended prescribed standard and the modified standard was held to be restropective in effect and the order of discharge passed by

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