C. V. RANE, J. ( 1 ) IT is further submitted by Mr. Thakore that the complainant has not complied with Rule 22 of the Rules (Prevention of Food Adulteration Rule 1955 ) 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 Grams. 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. 17 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 of 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 annumaccording to entry at Sr. No. A. 05. 05-Chillies (Lal Mirchi) means the dried ripe fruits or pods of capsicum annum/capsicum fruitescens. Accord- ing 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 ar employed for other purposes on account of their fragrance and preservative qualities. 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 acried pungent and of a deep red colour when ripearelargely used as a condiment and when reduced to powder form 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. 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 Encyclopaedic dictionary cayenne means A kind of pepper a powder made from the dried and ground fruits and more especialy 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 condimental 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; souce 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 are 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 terms 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 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. Considering all these circumstances I am of the view that 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. ( 2 ) IN the result the appeal is dismissed. The accused to surrender to his bail. .