S. ZABEER HASAN. J. ( 1 ) THIS is revision against the judgment of Sri Chandra Bhusahan Shah. 1st Additional Sessions Judge, Faizabad dated April 4, 1981. ( 2 ) ON December 16, 1975 at about 4. 30 p. m. Food Inspector Ram Naresh Verma P. W. 1 purchased 300 gms of Pepper Black (Kali Mirch) from the shop of Radha Devi tat which her son Rakesh Kumar, revisionist was sitting and doing the business. P. W. 2 Hemant Kumar was also present at that time. Necessary sampling was done and the procedure laid down by the law was adopted and thereafter the sample was sent for analysis. The Public Analyst reported that the sample contained 13. 1 per cent light berries whereas it should have been 10 per cent and therefore it was adulterated. The accused denied the charge and examined Dabli Prasad D. W. 1 in defence. Radha Devi was acquitted and Rakesh Kumar was sentenced to six months R. I. and a fine of Rs 1000 under Sections 7/16 of the Prevention of Food Adulteration Act. He went up in appeal which was dismissed. Hence the present revision. ( 3 ) THE only point raised before me was that there was no adulteration. A. 05-17 of Appendix B of the Prevention of Food Adulteration Rules as below; Pepper Black (Kali Mirch) whole means the dried berries of piper Nigram L brown to black in colour with wrinkled surface. The proportion of extraneous matter including dust, stalks, leafy matter and other foreign matter shall not exceed 30 per cent by weight. The proportion by weight of light berries and pinheads shall not exceed 10. 0 per cent and 4. 0 per cent respectively. The amount of insect- damaged matter shall not exceed 5 percent by weight. Explanation:-The term Tinsect-damaged matter means spices that are partially or wholly bored by insects. ( 4 ) SO there is no doubt that light berries (dried Kali Mirch) was 13. 1 per cent whereas the permissible limit is 10 per cent. The extraneous matter is permissible upto 3 per cent which was not found in the sample in question. Similarly 4 per cent pinheads are allowed and the same was missing in the present case. In other words, there was no other defect except that the light berries exceeded by 3. 1 per cent. The extraneous matter is permissible upto 3 per cent which was not found in the sample in question. Similarly 4 per cent pinheads are allowed and the same was missing in the present case. In other words, there was no other defect except that the light berries exceeded by 3. 1 per cent. As already stated light berries are dried Kali Mirch. Section 2 (xii-a) of the Act defines the Primary Food as an article of food being a produce of agriculture or horticulture in its original forms. So there is no doubt that the pepper black is a primary food. Section 2 (m) of the Act runs below: If the quality of purity of the article falls below the prescribed standard of its constituents are present in quantities not within the prescribed limits of variability but which does not rander injurious to health:. ( 5 ) IT does not appear that this excess light berries referred to above is injurious to health. The light berries are dried up Kali Mirch and this variation of 3. 1 per cent could be due to natural causes and beyond this control of human agency. So under circumstances of the case on account of this excess of 3. 1 per cent the article cannot be deemed to be adulterated within the meaning of this subclause. So in view of the above the conviction of the appellant cannot be sustained. ( 6 ) THE revision is allowed and the conviction and sentence of the revisionist are set aside and he is acquitted of the charge under Sections 7/16 of the Prevention of Food Adulteration Act. He is on bail. His bail bonds are discharged. The fine, if paid shall be refunded. Revision allowed .