N.K. Balakrishnan, J.

1. Petitioners are accused Nos. 1 and 2 in C.C. No. 115 of 2005 on the file of the J.F.C.M. I, Kannur. The 2nd accused is the firm represented by the 1st accused. The first accused is also the nominee of that firm. Offence alleged is under Sec. 16(1)a (i) read with Sec. 2 (ia) (m) and Section 7 (i) of the Prevention of Food Adulteration Act, 1954 ("P.F.A. Act" for short).

2. The allegation is that A1 was conducting sale of food article. After serving Form VI notice, P.W.1 purchased 600 ml. of pickle from out of a vessel containing 15 litres. It was stated to have been stirred and homogenized. The procedural formalities were complied with in regard to the purchase, packing, sampling, labelling etc. as provided under the provisions of the P.F.A. Act and Rules. As per Form III report issued by the Public Analyst it was certified that the sample of pickle did not conform to the standard prescribed for pickle as per item No. A.16.16 of Appendix B of PFA Rules, 1955 and thus adulterated.

3. The petitioners allege that the prosecution initiated against them was mainly on the ground that the pickle sold to P.W.1 was 'pickle in oil' but in fact only 'pickle' was sold by the accused and as such it cannot be said that the sample sold did not conform to the standard prescribed in A.16.16 of Appendix B. It is further submitted that there was amendment to the Rule as per which the standard prescribed is shown in A.16.42.

There was great variance in respect of different items of pickle. A new item, as Item No. IV-"pickle without medium" was also introduced whereas as per the old Rule there was no separate item as "pickle without medium". The learned counsel appearing for the petitioners submits that since in the receipt or complaint or even in evidence it was not specifically stated that the pickle purchased by P.W.1 and which was sold by A1 to P.W.1 was pickle in oil, the standard prescribed for "pickle in oil" cannot be taken as the basis to contend that the sample did not conform to the standard prescribed for 'pickles in oil'.

4. As it originally stood (based on which Form III Report was prepared by the Public Analyst), the standard prescribed as per Appendix A.16.16. is as follows:-

"A. 16.16. PICKLE means the preparation made from sound, clean, raw or sufficiently mature fruits or vegetables or a combination of both free from insect damage or fungus attack preserved in salt acid, sugar, jaggery, edible oils, spices, spice exact or oil turmeric, pepper, chillies, fenugreek, mustard seed or powder, vegetable ingredients, asafoetida, bengal gram, lime juice, lemon juice, green chillies, vinegar or acetic acid, citric acid, dry fruit including raisins and fruits nuts. Pickles shall be free from added synthetic Food colours.

Combination of pickles may be :

i) Pickles in citrus juice or brine: The percentage of salt in covering liquid shall not be less than 10 per cent when salk is used as major preserving agent. When packed in citrus juice, acidity of the covering liquid shall be not less than 1.2 per cent calculated as citric acid. Soluble calcium salt and permitted preservatives may be used in such type of pickles. Pickles shall be free from copper, alum and

ii) Pickles in oil: The fruit or vegetable percentage in the final product shall not be less than 60 per cent. The pickle shall be covered with oil so as to form a layer of not less than 0.5 c.m. above the contents or the percentage of oil in pickle shall be not less than 10 per cent.

Pickle shall be free from copper, alum and mineral acid. It may contain rapeseed (rai) ajwain, saunf, black pepper and like spices, etc. Permitted preservatives may be used in Pickles.

(iii) Pickles in vinegar: Pickles in vinegar mean the preparation from sound clean, raw or sufficiently matured fruits or vegetables free from insect damage or fungus attack, which have been cured in brine or dry salt or salted and dried stock with or without natural fermentation. It shall c