The Kreis-Test is not a conclusive test for rancidity and a conviction based solely on the Kreis-Test cannot be sustained.

1. - This revision petition is directed against the judgment of the Addl. Sessions Judge, Baran, dated 23rd Oct., 1978, by which, he confirmed the conviction and the petitioner passed by the Judicial Magistrate, Baran vide his judgment dated 30th Aug., 1977, for the offence under Section 7/16 of the Prevention of Food Adulteration Act, 1954 (here in after for short, "the Act").

2. The facts of this case succinctly narrated are that on 3rd April, 74, Kaluram, Food Inspector visited the shop of firm, 'Moolchand Banamal', and purchased 450 gms. of groundnut oil and paid him Rs. 4.40. He then filled that sample of oil in 3 bottles; sealed them at the spot and sent them to public analyst for examination. After examination, the public analyst disclosed that the oil was upto the standard prescribed by the rules as given in Appendix-B, except that it was not free from rancidity, and hence, he described it as adulterated. After taking sanction, the petitioner was challaned. The learned Magistrate after recording the evidence and hearing both the sides, found the petitioner guilty of the offence under Section 7/16 of the Act, and sentenced him to 1 year's RI and a fine of Rs. 2000/- and in default of payment of fine, to further undergo 3 months RI. The petitioner then preferred an appeal against his conviction and sentence. The learned Addl. Sessions Judge, Baran, dismissed his appeal and maintained his conviction. But he reduced his sentence to 6 months RI and a fine of Rs. 1000/-. Against that judgment of the Addl. Sessions Judge, the present revision petition has been preferred,

3. The main argument advanced by Mr. Rastogi is that though according to the public analyst the sample was found to be upto the standard prescribed by the rules, but, while having Kreis-Test, it was found that on account of rancidity, the said oil was adulterated.

4. The only point to be considered in this case is whether the Kreis-Test is the conclusive one, and whether on account of this test, can the oil be declared to be adulterated.

5. The statement of the public-analyst, Mr. Bhattacharya CW 1, was read over to me. According to his statement and the report, Ex.P 5, the sample which was sent to him for examination, was found to be upto the standard prescribed by the rules. He then tested that sample by applying Kreis-Test, and then he opined there was rancidity and on account of this, the oil was described by him as adulterated. In his cross-examination, Mr. Bhattacharya staled that according to the latest literature of Kreis-Test, even in a fresh oil, colour reaction can be found, and on account of that, there may be misleading in the reading of the test. So on account of this statement, it is clear that even Kreis-Test is not the conclusive and definite test. By applying this test, even the result may be misleading. So, Mr. Bhattacharya could not say definitely that in the present case the oil which he tested by applying Kreis-Test, there could not be any doubt about misleading the correctness of the said test. So, I feel that no doubt, Kreis-Test is one of the tests. But, that cannot be said to be a fool-proof test. There are chances for misleading in that test also. Quite possible that in the present case, while applying Kreis-Test, there might be misleading. Mr. Bhattacharya did not say definitely that in the present case, there was no misleading about the conclusiveness and authenticity of this test. A similar case was decided by Justice Bhargava. That case is Municipal Council, Jaipur v. Chiranjilal 1983 RLR 530 . That case was also of adulteration, and the non-petitioners were prosecuted for the offence under Section 7/16 of the Act. They were acquitted by the learned Magistrate; and the Municipal Council. Jaipur had come to this Court against their acquittal. In that case also, Kreis-Test was applied, and the public-analyst in that case also, was Mr. Bhattacharya, who is public analyst in this case. In that case, Justice Bhargava, after dis