ORDER Lakshmana Rao, J. 1. The petitioner is the proprietor of an Oilman Stores in the Moore Market and he has been convicted under Section 5, Clause (1)(d) of the Madras Prevention of Adulteration Act of 1918 for offering for sale butter containing more than 20 per cent, of water. The butter was offered for sale in sealed tins in the state in which it was purchased by the petitioner from Lords Butter Company and the evidence of the Assistant Manager of the Lords Diary Farm shows that the extra moisture must have got unavoidably admixed in the process of the manufacture of the butter. Proviso (ii) to Section 5 provides that no offence under that section shall be deemed to have been committed in such cases and the conviction of the petitioner cannot be sustained. It is therefore set aside and the fine if levied will be refunded.