M.R. Sharma, J. - (1.) The sample of Jeera purchased from the respondent was found to certain 6.9% of organic extraneous matter and 6.9% of foreign seeds. The Public Analyst was of the view that foreign seeds, etc. should not exceed 5% of the total quantity. The learned counsel for the respondent says that on this point the Public Analyst had gone wrong and in this connection he has cited before us Item A.05.09 of Appendix 'B of the Prevention of Food Adulteration Rules, 1955 (hereinafter referred to as 'the Rules which reads as under : "A. 05.09-CUMIN (Safed Jeera) whole means the dried seeds of Cuminum cyminum (L). The proportion of extraneous matter including dust, stones, lumps of earth, chaff, stem or straw shall not exceed 7.0 per cent by weight. The proportion of edible seeds other than cumin seeds shall not exceed 5.0 per cent by weight." Apparently there is sufficient force in the point raised by the learned defence counsel. Furthermore, the Food Inspector did not comply with rule 16 of the Rules, inasmuch as he did not apply gum or any adhesive to the ends of the paper wrapper in which Jeera was wrapped.
(2.) We are of the view that in these circumstances, it is not a fit case in which we should interfere. Leave asked for is declined. Leave declined.;