ORDER 1. Both the revision Nos. 82/92 and 83/92 have been heard analogously and are being disposed of by this common order as common question of law is involved in both the revisions. 2. Food Inspector, Ujjain, has filed separate complaints against the applicants herein alleging commission of offence u/s. 7/16 of the Prevention of Food Adulteration Act, 1954 (for short, the' Act') for allegedly selling adulterated Ice. The learned trial Magistrate by his orders dated 10.4.1990 passed in Criminal Cases Nos. 3829/90 and 4042/90 discharged the applicants of the said charge holding that Ice is not 'Food' within the meaning of Clause - v of Sec. 2 of the Act. However in revision the Addl. Sessions Judge Ujjain set aside the orders of the Magistrate and directed for framing of charge u/s. 7/16 of the Act against the applicants who have therefore come up in revision before this Court. 3. The moot question requiring determination is whether Ice in its original form is 'fo04' within the meaning of Clause-v of Sec. 2 of the Act. 4. Clause-v of Sec. 2 defines 'Food' as follows :-, 'Food" means any article used as food or drink for human consumption other than drugs and water and includes- (a) any article which ordinarily enters into, or is used in the composition or preparation of, human food, (b) any flavouring matter or condiments, and (c) any other article which the Central Government may, having regard to its use, nature, substance quality, declare, by notification in the Official Gazotte, as food for the purpose of this Act. Even though, water is used for human consumption, it has been specifically excluded from the definition of food under the Act. The word "Water" has however not been defined under the Act and so it has to be understood in its general sense. According to Oxford Dictionary, it is "colourless, odourless, transparent, tasteless compound of Oxygen and Hydrogen (Chemical formula H2O). Chambers Dictionary also assigns same meaning to it and adds ''extended to the same substance (H2O) in solid or gaseous state (Ice 'Steam'). Water can be in any of these three forms i.e. liquid, solid or gas depending on the surrounding tempararure. It does however, in any of these states, lose its basic composition (H2O). It freezes at Oo. C and boils at 100oC. Both the above dictionaries define Ice as "Frozen Water". Water can be in any of these three forms i.e. liquid, solid or gas depending on the surrounding tempararure. It does however, in any of these states, lose its basic composition (H2O). It freezes at Oo. C and boils at 100oC. Both the above dictionaries define Ice as "Frozen Water". So, Ice is nothing but water in solid form composing of the same ingredients i.e. Hydrogen and Oxygen. 5. In A. Babuv. The Food Inspector & Ano. 1981 CrLJ NOC 109 (Ker.) it is held that water is only on of the three states of a chemical compound containing Oxygen and Hydrogen in a fixed proportion and it is, therefore, excluded from within the purview of 'Food' as defined in Sec. 2 (v) of the Act. The Same view taken by the High Court of Jammu and Kashmir in Glaciers Cold Storage & lee Mill, 1980 Cr LJ 755. I respectfully agree with the view taken by the Kerala and Jammu and Kashmir High Courts. 6. It is pertinent to note here that in the Appendix-B of the Prevention of Food Adulteration Rules, 1955, no definition or standard of quality is prescribed for the Ice. However, at paras A. 07.04 and A. 07.04.01 standards are prescribed for "Ice Lollies or Edible Ice" and "Ice candy" respectively. It will be seen under both the paragraphs, Ice is considered as food only when it contains Sugar, Syrup, Fruit, Fruit-juice with permitted flavours and colours. Ice in original form does not find place in the Appendix-B. The omission is deliberate, keeping in view the definition of food given under Clause-v Sec. 2 of the Act, which excludes water. Needless to add, the water means water in every form i.e. liquid, solid or gas. 7. In the matter of construction of penal statutes, it is settled rule that if there is a reasonable interpretation which will avoid the penalty in a particular case, we must adopt that construction If two possible and reasonable construction can be put upon a penal provision, the Court must lean towards that construction which exempts the subject from penalty rather than the one which imposes penalty. In the instant case therefore, even if the expression 'Water' used in Clause-v of Sec. 2 of the Act admits more than one construction as to the inclusion of the Ice in it, the construction which is favourable to the accused-person should be accepted and it must be held that Ice is water and is excluded from within the meaning of food for the purpose of the Act. 8. In the result, I allow both the revisions and quash the order dated 3.2.1992 passed by the Addl. Sessions Judge, Ujjain, In Criminal Revisions Nos. 27/91 and 28/91 and restore the order of trial Magistrate passed in Criminal case Nos. 3829/90 and 4042/90. The prosecution against the applicants in both the cases stands quashed and they are discharged. 9. This order be retained in Criminal Rev. No. 82/92 and a copy be placed in the record of Cri. Rev. No. 83/92.