JUDGMENT 1. This is a rule, calling upon the Deputy Commissioner of Manbhoom to show cause why the conviction of and sentence passed upon the Petitioner should not be set aside. The Petitioner has been convicted under sec. 273, I.P.C. and sentenced to pay a fine of Rs. 15. An offence under that section is constituted when noxious food or drink is sold. In the present case the Petitioner has been found selling ghee adulterated with vegetable oil. But there is no evidence to show that this vegetable oil was noxious, that is, hurtful to health. The Sub-Divisional Magistrate says that " noxious" does not mean dangerous to life. That is no doubt quite correct. But he goes on to say that the ghee, which was adulterated with vegetable oil, was noxious within the meaning of sec. 273, I.P.C., because he seems to think that when a man purchases ghee, adulterated with vegetable oil, be purchases a noxious article. He says:--"Every adulterated article of food is noxious, inasmuch as the consumer oats it In the belief that he is eating something else, and nothing can be more noxious for a man than to eat something unawares, especially vegetable oil." 2. We do not consider that the learned Sub-Divisional Magistrate has taken a right view of the word "noxious." It means harmful to health or unwholesome. But, there is an entire absence of any evidence to show that the adulteration of the ghee with vegetable oil in the present case was such as to render it noxious in the sense we have mentioned. We accordingly set aside the conviction and sentence and make the rule absolute.