This is a criminal revision against the conviction and sentence of the petitioner for an offence under section 16(1) (a) (ii) read with section 7 of the Prevention of Food Adulteration Act (XXXVII of 1954). There is no doubt that the milk which the accused (petitioner) was carrying in his can contained 23 per cent, of added water as certified by the Analyst in his report, Exhibit P-3 and therefore it is adulterated milk. He was convicted by the trial Court and sentenced to simple imprisonment for two years and also to a fine of Rs. 2,000. In appeal the learned Additional Sessions Judge reduced the term of imprisonment to one year but maintained the fine of Rs. 2,000. This punishment is given because he was once before convicted of a similar offence. Under section 16 (g) (11) for a second offence the punishment shall be imprisonment for a term which may extend to two years and also fine and under the proviso to that section the minimum punishment shall not be less than one year and such fine shall not be less than two thousand rupees.

The point that is taken before me is that the provisions of section 10 (7) have not been complied with. Under the provisions of clause (7) of sect