JUDGMENT : C.V. Rane, J. The appellant-accused has been convicted by the learned Metropolitan Magistrate, 8th Court, Ahmedabad of the offence punishable under section 16(l)(a)(i) read with section 7(1) of the Prevention of Food Adulteration Act, 1954 (hereinafter referred to as the Act) and sentenced to suffer S.I. for a period of six months and to pay a fine of Rs. 1,000/- and in default of payment of fine, to suffer SI. for a further period of three months. According to the prosecution in the above case, the accused carries on business in the name and style of Bhagwati Kirana Stores at Ahmedabad. The complainant-Gunvantrai who is a food inspector purchased 450 gms. of chilli powder from the accused at a price of Rs. 3.15 paise. He was duly informed that the chilli powder was being purchased for the purpose of getting it analysed. The chilli powder purchased from the accused was divided into three equal parts each of which was put in a separate bottle which was duly corked and sealed in the presence of a pancha. One of the bottles was given to the accused and one was sent to the public analyst who found that chilli powder contained oil soluble coal tar eye. As the chilli powder was found to be adulterated the complainant filed a complaint against the accused, who pleaded not guilty to the charge. It was his defence that he was a sleeping partner only in the firm to which the above shop belonged and that he had not sold any chilli powder to the complainant. The learned Magistrate, however, relying on the evidence adduced by the prosecution, convicted the accused of the offence in question and sentenced him as stated above. Being aggrieved by the order of conviction and sentence passed by the trial court, the accused has come in appeal to this court. 2. It is further submitted by Mr. Thakore that the complainant has not complied with rule 22 of the Rules, the relevant part of which reads as under- "The quantity of sample of food to be sent to the public analyst/ Director for analysis shall be as specified below : Articles of food Approximate quantity to be supplied 17 spices 150 Grams. 37 Foods not specified 200 Gram." 3. In the present case, 150 grams of chilli powder was sent to the public analyst for analysis. According to Mr. 37 Foods not specified 200 Gram." 3. In the present case, 150 grams of chilli powder was sent to the public analyst for analysis. According to Mr. Thakore, chilli powder cannot be treated as 'spices' specified at Sr. No. 1 and hence, it was necessary for the Complainant to send 200 grams of chilli powder to the public analyst as contemplated by entry at Sr. No. 37 which reads "Foods not specified." According to rule 5 of the Rules, "Standards of quality of the various articles to Food specified in appendix B to these rules are as defined in that appendix," Now entry as regards chillies (Lal Mirchi) occurs under the heading - "Spices and condiments" at Sr. No. A.05. The relevant part of the above entry reads as under : - "A.05.05.01 - Chillies (Lal Mirchi) powder means the powder obtained by grinding clean dried, chilli pods of Capsicum fruitescens L/Capsicum annum." 4. According to entry at Sr. No. A. 05.05 - "Chillies (Lal Mirchi) means the dried ripe fruits or pods of capsicum annum/capsicum fruitescens." According to the Oxford English Dictionary, spice means "One or other of various strongly flavoured or aromatic substances of vegetable origin, obtained from tropical plants, commonly used as condiments or employed for other purposes on account of their fragrance and preservative qualities." 5. Now, according to the same dictionary, chilli includes - "The dried pod of species of Capsicum or Red Pepper." Explaining the meaning of chilli, it has been further stated in the above dictionary - "The pods, which are acrid, pungent, and of a .deep red colour when ripe, are largely used as a condiment and when reduced to powder from the basis of Cayenne Pepper." The meaning of the word "cayenne" according to the above dictionary is - "A very pungent powder obtained from the dried and ground pods and seeds of various species of Capsicum." According to the New Webster Encyclopedic dictionary, 'Cayenne' means - "A kind of pepper, a powder made from the dried and ground' fruits and more especially the seeds of various species or capsicum." As pointed out in the Oxford English Dictionary, chillies are largely used as condiments. According to the same dictionary, the meaning of the word 'condiment' is - "spicy" and the meaning of the word 'condiment' is "anything of pronounced flavour used to season or give relish to food, or to stimulate the appetite." The meaning of the word &condiment' according to the New Webster Dictionary is ' something used to give relish to food and to gratify the taste ; sauce, seasoning." This shows that anything of pronounced flavour used to season or give relish to food or to stimulate the appetite or to gratify the taste would be a condiment. As observed above, chillies are used as condiments and hence, according to the above Dictionaries, they are spices. Mr. Thakore is not right when he says that as chillies ape used as condiments they cannot be treated as spices, but on the contrary they fall within the meaning of the word 'spice' only on the ground that they are used as condiments or in other words it is because of the purpose for which chillies are largely used that they fall within the term 'spices'. Even if it is assumed that chillies are condiments they do not cease, to be 'spices' within the meaning of that term according to the dictionary. For the reasons stated above, the argument of Mr. Thakore that chillies are only condiments and not spices cannot be accepted. It appears that as spices are ordinarily used as condiments they are grouped together under the heading "spices and condiments". Considering all these circumstances, I am of the view that the chillies fall under the entry 'spices' at Sr. No. 17 of Rule 22 and in that case, the complainant was quite justified in sending only 150 grams of chillies powder to the public analyst for analysis. I have already pointed out that according to the report of the public analyst, the sample of chillies powder was adulterated. This shows that the accused has been rightly convicted of the offence punishable under section 16(1)(a)(i) read with section 7(1) of the Act. It cannot be disputed that the accused has committed an offence of a very serious nature and hence, the question of reducing the sentence passed on him does not arise. 6. In the result, the appeal is dismissed. The accused to surrender to his bail.