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The amount of insect damaged matter shall not exceed 5 per cent by weight.
Explanation-- The term "insect damaged matter" means spices that are partially or wholly bored by insects,"

Item A. 17.04 of Appendix B to the Rules is as follows :

"A. 17.04-- "linseed oil (Tisi ka tel) means the oil obtained by process of expressing clean and sound linseed (linum usitatissium). It shall be clear, free from rancidity, suspended or other foreign matter, separated water, added colouring or flavouring substances, or mineral oil Item A.17.06 of Appendix B to the rules is as follows :
"A. 17.06- Rapeseed Oil (Tora Oil) or Mustard oil (Sarson-ka-tel) means the oil expressed from clean sound mustard seeds, belonging to the campestris juncea or napus varieties of brassica. It shall be clear, free from rancidity, suspended or foreign matter, separated water, added colouring, or flavouring substances or mineral oil.........."

8. A plain reading of Item A. 17.06 shows that mustard oil means oil expressed from clean mustard seeds free from suspended or foreign matter. The word 'Clean' means pure or free from foreign matter. Thus, the fact that 4 per cent of Tisi oil was found in the mustard oil sold by the applicant to the Food Inspector goes to show that it was not expressed from clean mustard seeds as they were not pure or free from foreign matter. It thus fell below the standard of purity prescribed under Item A.17.06 of Appendix B to the Rules. It may be mentioned that the Proviso to Section 2(i-a)(m) of the Act is not applicable as it cannot be held that the presence of 4 per cent of Tisi oil in the mustard oil sold by the applicant to the Food Inspector was solely due to natural causes and beyond the control of human agency as there is no material on the record to indicate this. It is true that in Item A.05.15 of Appendix B to the Rules, which prescribes the standard for mustard, it is mentioned, "The proportion of extraneous matter which includes dust, dirt, stones, lumps of earth, chaff, stem, straw, edible foodgrains, edible oil seeds of any other variety or any other impurity shall not exceed 7.0 per cent by weight", but from this it cannot be inferred that the presence of linseed oil up to 7 per cent in mustard oil must be held to be solely due to natural causes and beyond the control of human agency for it is obvious that the presence of 7 per cent of extraneous matter including dust, dirt, stones, lumps of earth, chaff, stem, straw, or any other impurity in mustard oil cannot be held to be solely due to natural causes and beyond the control of human agency. The standard prescribed for mustard oil must be considered separately when the question of adulteration of mustard oil is to be determined and the standard prescribed for mustard alone must be considered when the question of adulteration of mustard is to be determined. The standard prescribed for mustard cannot be taken into consideration when considering the standard prescribed for mustard oil. We are fortified in our view by the decision of the Supreme Court in Jagdish Prasad v. State of W. B., AIR 1972 SC 2044: (1972 Cri LJ 1309), in which it was held : --