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"A.17.09- [SAFFLOWER SEED OIL] (barrey ka tel) tel) means the oil expressed from the seeds of Carthamus tinctorius. It shall be clear, free from rancidity, suspended or other foreign matter, separated water, added colouring or flavouring substances, or mineral oil.

There is absolutely no substratum to infer that due to some vacant space left in the sample bottles, the acidity value could be increased. The Court cannot draw imaginary inference about probable increase in the acid value only because some part of the sample bottle was vacant inasmuch as half of the sample bottle was filled with safflower oil. It is important to note that the Director, C.F.L. gave categorical opinion that the oil sample was found fit for the purpose of analysis. In fact, if the sample bottles were not properly stored then there was probability of rancidity of the oil. The conclusion drawn by the learned Judicial Magistrate that there was probability of the excess percentage of the acid value due to open space available in the sample bottles is based upon mere conjectures. One cannot be oblivious of the fact that the Respondent did not call for the Director of the C.F.L. for the purpose of cross-examination. The Respondent invited the certificate of the C.F.L. and unless there is substantial reason to dislodge the certificate, the learned Magistrate should not have discarded the same.