JUDGMENT : BANERJI, J.:— The Deputy Magistrate who convicted the accused in this case clearly misconceived the scope of section 273 of the Penal Code, 1860. What is punishable under that section is the sale or offer or exposure for sale of noxious articles as food or drink and not the mere sale or offer or exposure for sale of noxious articles. In this case the accused did not sell any article as food or drink. He sold to a trader in grain a grain-pit containing some 355 maunds of grain, a portion of which was found to be in a state unfit for human consumption. As the sale was for purpose of trade and not as food, no offence under section 273 was committed. Acceding, therefore, to the recommendation of the learned Sessions, Judge, I set aside the conviction and sentence, and acquitting Salig Ram of the offence of which he was convicted, direct that the fine, if paid, be refunded.