BHAIRAVIA, J. ( 1 ) * * * * ( 2 ) ). . . . . . . . . . . . . . . . . . The question involved in this Criminal Revision Application is whether the sample is a "primary food" or not and whether the sample contained pin heads more than the maximum quantity under the Prevention of Food Adulteration Act which is not injurious to health and would constitute an offence under the provisions of PFA Act. ( 3 ) TO prove the case against the petitioner, the prosecution has relied on the evidence of Food Inspector and Public Analyst. Public Analyst opined that the sample contains foreign articles (Pin heads) which is not injurious to health. ( 4 ) IT has been submitted by the learned Counsel for the petitioner-accused that the sample is a "primary food" and added pin heads in primary food is not injurious to the health and, therefore, conviction cannot be recorded against the petitioner-accused. In support of his submission, he has relied on the judgment reported in the case of Rakesh Kumar v. State of U. P. , 1984 (3) Crimes 681 . It has been observed in para 4 as under : "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 pin heads 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 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 black pepper is a primary food. 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 black pepper is a primary food. Section 2 (m) of the Act runs as below : if the quality or 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 render injurious to health : provided that, where the quality or purity of the article being primary food has fallen below the prescribed standards of its constituents are present in quantities not within the prescribed limits of variability, in either case, solely due to natural causes and beyond the control of human agency, then such article shall not be deemed to be adulterated within the meaning of this sub-clause. " ( 5 ) IN view of the above clear legal position, Black Pepper (Kali Mirch) is "primary food" and as opined by the Public Analyst, mixture of pin heads is Kali Mirch is not injurious to health. In that view of the matter, the Courts below have clearly committed an error in holding that Black Pepper (Kali Mirch) is not a "primary food". Ratio of the case Rakesh Kumar v. State of U. P. , 1984 (3) Crimes 681 , applies to the facts of the present case. Therefore, the order of conviction and sentence requires to be quashed and set aside and the petitioneraccused is required to be acquitted. ( 6 ) IN the result, this Criminal Revision Application is allowed. The order of conviction and sentence passed by the learned Judicial Magistrate (F. C.) jambusar and confirmed by the learned Sessions Judge, Bharuch, is hereby quashed and set aside. The petitioner-accused is acquitted of the offences for which he was convicted and sentenced. Fine, if paid, be refunded back to the petitioneraccused. Bail-bonds of the petitioner-accused stand canceled. Rule made absolute accordingly. .