( 1 ) THIS appeal has been preferred against the judgment of metropolitan Magistrate dated 3rd July, 1987 whereby the learned Metropolitan magistrate acquitted the respondent under Section 7 (1) and Section 16 of PFA act. ( 2 ) A sample of about 300 gms of Safed Chana picked from the shop of the respondent was sent to Public Analyst who reported presence of 07 living and 15 dead insects. He also reported presence of 01 full and 08 pieces of Rodent excreta in the sample. On the basis of this report, a complaint was filed against the respondent under Food Adulteration Act. ( 3 ) THE learned Metropolitan Magistrate came to the conclusion that law permits presence of 10% of the insect damaged grains in the sample and the presence of insect damaged grains in the sample envisages presence of the insects thus merely presence of 07 live insects and 15 dead insects in a sample of 300 gms does not make the sample adulterated. Similarly, the view of the trial Court was that presence of 01 full Rodent excreta and 08 pieces of Rodent excreta would not make the sample adulterated. State is aggrieved and has preferred this appeal. ( 4 ) THE standards for food grains are provided in Article 18. 06 to 18. 06. 14. Safed Chana is not one of the Articles for which specific standards have been laid down so, the Court will have to go by general standards as provided in Article 18. 06. 14. Article 18. 06. 14 reads as under: A. 18. 06. 14 - Any OTHER FOODGRAINS NOT specified above shall conform to the following standards namely:- (i)Moisture - Not more than 16 percent by weight (obtained by heating the pulversied grains at 130"c for two hours ). (ii) Foreign matter (Extraneous matter) - Not more than 1 per cent by weight of which not more than 0. 25 per cent by weight shall be mineral matter and not more than 0. 10 per cent by weight shall be impurities of animal origin. (iii)Other edible grains - Not more than 6 per cent by weight. (iv)Weevilled grains - Not more than 10 percent by weight. (v)Damaged grains - Not more than 5 per cent by weight. (vi)Uric acid - Not more than 100 mg per kg. 10 per cent by weight shall be impurities of animal origin. (iii)Other edible grains - Not more than 6 per cent by weight. (iv)Weevilled grains - Not more than 10 percent by weight. (v)Damaged grains - Not more than 5 per cent by weight. (vi)Uric acid - Not more than 100 mg per kg. (vii)Aflatoxin - Not more than 30 micrograms per kilograms: provided that total of foreign matter, other edible grains and damaged grains shall not exceed 12. 0 per cent by weight. Explanation - For the purpose of Items 18. 06 to 18. 06. 14: - (a) foreign matter' means any extraneous matter other than foordgrains comprising of- (i)inorganic matter consisting of metallic pieces, sand, gravel, dirt, pebbles, stones, lumps of earth, clay and mud, animal filth and in the case of rice, kernels or pieces of kernels, if any, having mudsticking on the surface of the rice, and (ii)organic matter consisting of husk, straws, weed seeds and other inedible grains and also paddy in the case of rice. (b) Poisonous, toxic and/or harmful seeds - means any seed which is present in quantities above permissible limit may have damaging or dangerous effect on health, organoleptic properties or technological performance such as dhatura (D, fastuosa linn and D. stramonium linn), corn cockle (Agrostemma githago, L, Machai Lallium remulenum linn), Akra (Vicia species); (c) "damaged grains" means kernels or pieces of kernels that are sprouted or internally damaged as a result of heat, microbe, moisture or weather, viz. ergot affected grain and kernel bunt grains. (d) "weevilled grains" means kernels that are partially or wholly bored by insects injurious to grains but does not include germ eaten grains and egg spotted grains: (e) "other edible grains" means may edible grains (including oil seeds)other than the one which is under consideration. ( 5 ) IT is clear that law acknowledges two types of damaged grains in the food grains; 5% by weight are those grains damaged as a result of heat microbes, moisture, weather etc. and 10% by weight are those that are damaged due to presence of partially or wholly bored by insects. ( 6 ) LAW also permits foreign matters up to one percent out of which 0. 10% can be impurities of animal origin. and 10% by weight are those that are damaged due to presence of partially or wholly bored by insects. ( 6 ) LAW also permits foreign matters up to one percent out of which 0. 10% can be impurities of animal origin. Thus, in food grains presence of impurities of animal origin like Rodent excreta are not ruled out and mere presence of Rodent excreta the food grain can be called as adulterated food grain unless the quantity exceeds the limit provided by law. In the present case 01 full Rodent excreta or 08 pieces of small Rodent excreta in 300 gms by no imagination can be said that exceeding 0. 1 percent of 300 gms. Similarly presence of 07 living and 15 dead insects is natural as the law recognizes presence of weevilled grains which means those grains whose kernels are wholly or partially bored by grains. If insects bore the kernels, many a time insects are very likely to be present in kernel and keep moving in and out of the food grains. The presence of living or dead insects is not adulteration unless the quantity of insects infested grains exceeds the prescribed limit. It was not the case of the prosecution that the percentage of insect infested food grains was more than the prescribed quantity. I find that the Trial Court was justified in acquitting the accused there is no force in the appeal. The appeal is hereby dismissed.