The main question urged for a decision in this revision is whether an article of food can be said to be adulterated even if other edible seeds found in it are proved to be deleterious to health.

2. Petitioner before me stands convicted of offences punishable Under Section 2(i-a)

(m) and 7(i) read with 16(1)(a)(i), (ii) of the prevention of food Adulteration Act (for short, "the Act") and Rule A-05.09 of Appendix B of the Food Adulteration Rules (for short, "the Rules") and sentenced to undergo imprisonment and payment of fine. Case is that on 26.6.1991 at about 1.00 p.m. the Food Inspector purchased 450 gms of cumin seed from petitioner at Shop No.KP-11/86. Food Inspector after complying with the formalities sent one of the sample parts to the public Analysis who reported that the same did not conform to the standards prescribed for cumin seed. Prosecution was launched on the basis of the report. On the request of petitioner the second part of the sample was sent to the Central Food Laboratory (for short "the CFL") for examination. Exhibit C1 is the report of CFL where it is stated that the sample contained edible seeds (dill seed) other than cumin seed more than 5% and t