The main legal point established in the judgment is that 'coconut vinegar' falls within the definition of vinegar and is subject to the prescribed standards under the P.F.A. Rules, 1955.

BALAKRISHNAN, J.

All these cases have been referred to the Division Bench as our learned Brother Sreedharan, J. felt that some common questions of general importance are involved in these cases.

2. Criminal Appeal No. 316 of 1982 has been filed against the order of acquittal passed in S.T.C. 147 of 1979 on the file of the Additional Judicial First Class Magistrate, Tellicherry. On 15-3-1979 the Food Inspector of Tellicherry Municipality purchased 3 bottles of vinegar from the shop of the 2nd accused, who is a dealer in vinegar and other food stuffs. Each bottle contained 650 ml. of vinegar with a label thereon 'coconut vinegar'. After all the formalities were complied with, the sample was sent to the Public Analyst. After analysis it was found that the article did not conform to the standard prescribed for vinegar as given in A.20 of Appendix B of the Prevention of Food Adulteration Rules, 1955. The first accused is the proprietor of Venus Swadeshi Fruit Products, Calicut, who is alleged to be the manufacturer of the vinegar purchased by the Food Inspector.

2A. Prosecution was launched against the accused persons on 31-5-1979. The accused-respondents made an application to the trial Court to have one of the samples sent to the Central Food Laboratory for further analysis. The report of the Central Food Laboratory also showed that the sample of vinegar was deficient in solid substance. Ext.P. 23 certificates issued by the Central Food Laboratory shows that the sample contained 46% w/w of solid as against the required quantity of 1.5% solids w/w and 11% ash as against the required quantity of 18% of ashes. No other deleterious materials were found in the sample. It has been certified that the sample does not conform to the standard laid down for vinegar under the provisions of the P.F.A. Act and the rules thereof for the reasons (a) total solids contents fell below the minimum specified limit of 1.5% w/w and (b) ash content falls below the minimum specified limit of 0.18%. The accused-respondents were acquitted mainly on the ground that the sample taken from the shop of the 2nd accused was "coconut vinegar" and no standard is prescribed for coconut vinegar in the P.F.A. Act and the Rules and the standard prescribed for vinegar is not applicable to the 'coconut vinegar'. It was also held that Rules 9A and 7(3) were also not complied with and the non-compliance of these rules was fatal to the prosecution. The acquittal is being challenged by the complainant.

3. Clause A.20 in Appendix B of the P.F.A. Rules defines vinegar as follows :

"A.20. Vinegar means a liquid derived from alcoholic and acetous fermentation of any suitable medium such as fruits, malt, molasses, sugarcane juice, etc.

Vinegar shall conform to the following standards :

1. It shall contain at least 3.75 grammes of acetic acid per 100 ml.

2. It shall contain at least 1.5 per cent w/w of total solids and 0.18 per cent of ash.

3. It shall not contain (i) sulphuric acid or any other mineral acids, (ii) lead or copper, (iii) arsenic in amounts exceeding 1.5 parts per million, and (iv) any foreign substance or colouring matter except caramel.

4. Malt Vinegar, in addition, shall have at least 0.05 per cent of phosphorous pentoxide (P2 O5) and 0.04 per cent of nitrogen.

Brewed vinegar shall not be fortified with acetic acid."

From the definition it is clear that vinegar is a substance derived by alcoholic and acetous fermentation of any suitable medium, such as fruits, malt, molasses, sugarcane juice etc. There are ever so many articles from which vinegar can be made. In Kerala generally vinegar is taken from toddy. Toddy has been defined in A.29.01 in Appendix B of the Rules.

"A.29.01 - TODDY : Toddy means the sap from coconut, date, toddy palm tree or any other kind of palm tree which has undergone alcoholic fermentation. It shall be white cloudy in appearance which sediments on storage and shall possess characteristic flavour derived from the sap and fermen