JUDGMENT

R. S. Thakur, J. - This criminal revision petition is directed against the order in appeal of the learned Sessions Judge, dated March 12, 1985, whereby the appeal of the revisionist Mohan Datt (hereinafter called as the accused) against the order of the Chief Judicial Magistrate; Shimla, dated October 3, 1983, was dismissed with modification that the substantive sentence of imprisonment was reduced from one year to six months under section 7 read with section 16(1)(a)(I) of the Prevention of Food Adulteration Act, 1954 (hereinafter referred to as the Act). The learned Chief Judicial Magistrate vide the aforesaid order had convicted and sentenced the accused to undergo rigorous imprisonment for one year and to pay a fine of Rs. 1000/- and in default to undergo further R.I. for three mouths.

2. The brief facts of the case are that on March 23, 1982, at about 9 a.m. when the Food Inspector, D.N. Kaushik was at Shogi in connection with his official duties, he found the accused in possession of about 6 kgs. of cow's milk meant for public sale. The said inspector then after disclosing his identities served a notice upon the accused calling upon him to sell 660 mls. of milk, whic