J. C. MISHRA, J. This revision is directed against the charge under Section 7/16 of Prevention of Food Adulteration Act framed by the Metropolitan Magistrate (Corporation), Kanpur. 2. It is not disputed that the sample of vegetable oil (Moti Brand) on analysis was found to have its boiling point exceeding by 37 C (38. 2 C) and consequently it was adulterated. The sample was collected on 28-9-83. 3. Schedule b-A. 19 provides that Vanaspati shall conform to the standards specified. Clause (v) provides that the melting point as determined by capillary slip method shall be from 31 -C to 37- C. By GSR 744 (E) dated 27th October, 1984 37-C was substituted by 41-C. Thus, in view of this notification Vanaspati ghee having melting point up to 41 -C cannot be said to beadulterated. 4. Prior to the notification dated 27th October, 1984, referred to above, Vanaspati having melting point above 37-Cwas held to be adulterated. 5. This revision was filed challenging the charge on the ground that on the date of framing of charge the said sample analysed by the Public Analyst was not adulterated and, therefore, the Magistrate committed illegality in framing charge. 6. It cannot be disputed that on the date when the sample was analysed in view of the existing provisions it was held to be in conformity with the standard specified by Schedule B-A. 19. 7. Despite the list being revised none appeared for the revisionist, therefore, the revision is being decided on merits without hearing the revisionist. 8. The prescribed standard was chal lenged on account of some facts coming to the notice of the Central Committee con stituted under Section 3 of the Prevention of Food Adulteration Act, 1984. It means that the earlier standard fixed by the Com mittee was not correct. In my opinion, the benefit that was given by the subsequent amendment could be given to the accused. I find it a fit case for quashing the charge. 9. The revision is allowed. The charge framed under Section 7/16 Prevention of Food Adulteration Act against the revisionist Nand Kishore Pandey is quashed and consequently the criminal proceeding in case No. 2633 of 1983 Nand Kishore Pandey v. Metropolition Magistrate (Corporation), Kanpur Pending in the Court of Metropolition Magistrate, is quashed. The accused-revisionist is dis charged. He need not surrender to his bonds which are cancelled. The sureties stands discharged. The accused-revisionist is dis charged. He need not surrender to his bonds which are cancelled. The sureties stands discharged. Revision allowed. .