ORDER

K. Ramaswamy, J. - Special leave granted. The appellant is a milk vendor. On March 19, 1983, the Food Inspector took samples of milk from the custody of the appellant under section 10(7) of the Prevention of Food Adulteration Act, 1954 (for short the Act). He sent the sample for analysis on March 21, 1983. The Analyst in his report dated March 30, 1983 found that the milk fat was 4.8% and milk solids non-fat was 6.36% whereas the prescribed standard for milk fat is 4.5% and milk solids non-fat 8.5%. Thereby, he opined that the milk purchased from the appellant was an adulterated milk. On the basis of the said report, the prosecution was laid against the appellant. The Magistrate in his judgment dated March 11, 1987 found that the appellant had adulterated milk and convicted him under Section 7 read with Section 16 of the Act and sentenced him to a minimum period of 6 months and a fine of Rs. 1,000/-. On appeal, it was confirmed and in Revision No. 61/91, the Single judge by judgment dated March 30, 1991 confirmed the conviction but the sentence was reduced to a period of 3 months and a fine of Rs. 500/-. Thus this appeal by special leave.

s2. Mr. S.K. Jain, learned counsel f