JUDGMENT Madan B. Lokur, C.J. 1. The Petitioner is aggrieved by the order dated 30th January, 2003 passed by the learned Sessions Judge-1, Tinsukia in Criminal Appeal No. 44(3)/2002. 2. A Sample of Chilli Powder was taken from a jar in the shop of the Petitioner. On an analysis thereof by the Public Analyst, it came out that the Chilli Powder contained added common salt of 0.69 per cent. On this basis, the Public Analyst claim to the conclusion that the sample of Chilli Powder is adulterated. 3. Proceedings were then initiated against the Petitioner for violation of Section 7 and 16 of the Prevention of Food Adulteration Act, 1954. The Chief Judicial Magistrate, Tinsukia convicted the Petitioner and directed him to undergo rigorous imprisonment for six months and to pay a fine of Rs. 1,000, and in default thereof, to undergo further rigorous imprisonment for one month. 4. Feeling aggrieved, the Petitioner filed an appeal which came to be dismissed by the impugned judgment and order. 5. The only contention urged before me by learned Counsel for the Petitioner is that common salt does not adulterate Chilli powder. 6. The standard of Chilli Powder is mentioned in Appendix-B to the Prevention of Food Adulteration Rules, 1955 as Item No. A 5.5.2001. It reads as follows: A.5.5.2001 - CHILLIES (Lal mirchi) POWDER means the powder obtained by grinding clean dried chilli pods of Capsicum frutescens (L)/Capsicum annum. The chilli powder shall be dry, free from dirt, mould growth, insect infestation, extraneous matter, added colouring matter and flavouring matter. The chilli powder may contain any edible oil to a maximum limit of 2 per cent by weight under a label declaration for the amount and the nature of oil used. The chilli powder shall conform to the following standards: Moisture... Not more than 12.0 per cent by weight. Total ash....... Not more than 8.0 per cent by weight. Ash insoluble in dilute HCI.. Not less than 1.3 per cent by weight. Non-volatile ether extract... Not less than 12.0 per cent by weight. Crude fibre...Not more than 30.0 per cent by weight. 7. It is nobody's case that the sample of Chilli Powder lifted from the shop of the Petitioner does not conform to the standard mentioned above. 8. Ash insoluble in dilute HCI.. Not less than 1.3 per cent by weight. Non-volatile ether extract... Not less than 12.0 per cent by weight. Crude fibre...Not more than 30.0 per cent by weight. 7. It is nobody's case that the sample of Chilli Powder lifted from the shop of the Petitioner does not conform to the standard mentioned above. 8. Learned Counsel for the Petitioner has drawn my attention to Rules 52 and 53 of the Prevention of Food Adulteration Rules which deal with preservatives. 9. The definition of preservative is given in Rule 52 and it means a substance which when added to food is capable of inhibiting, retarding or arresting the process of fermentation, acidification or other decomposition of food. 10. Rule 53 divides preservatives into two classes and Class-I preservatives includes common salt. Rule 53 further goes to State that the addition of a Class-I preservative (such as common salt) in any food is not restricted, unless otherwise provided in the Rules. 11. As seen from Appendix-B, common salt is nothing more than a preservative. Learned Counsel for the State is unable to show anything in the Rules to suggest that common salt cannot be used as a preservative in Chilli Powder. 12. Under the circumstances, the mere addition of common salt to Chilli Powder as a preservative does no adulterate it. 13. No case has been made out by the Respondents against the Petitioner. 14. Under the circumstances, the revision petition is allowed and the conviction and sentence of the Petitioner is set aside. Trial court records be sent back immediately. Bail bond is discharged. Petition allowed