- (1.) 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. 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. Prior to the notification dated 27th October, 1984, referred to above, Vanaspati having melting point above 37-Cwas held to be adulterated.
(3.) 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. 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.;