JUDGMENT :

R.N. Misra, J. - Petitioner was convicted u/s 7 of the Essential Commodities Act of 1955 on the allegation that there was violation of Clause 10 of the Orissa Baby Food Licensing Order, 1966. The trying Magistrate sentenced him to four months' rigorous imprisonment and imposed a fine of Rs. 5001- or in default, directed further rigorous imprisonment for three weeks more. He also directed confiscation of the seized baby food. On appeal, the learned Additional Sessions Judge affirmed the conviction and sentenced but vacated the direction for confiscation of Lactodex and Lactogen.

2. Mr. Misra for the Petitioner raises several contentions in support of the revision application, but it is unnecessary to deal with all of them, as in my opinion, the application has to succeed on a preliminary ground. Orissa Baby Food Licencing Order, 1966 came into force in August, 1966. 'Baby food' has been defined in Clause 2(i) to mean 'a food as specified in Schedule 1'. Schedule I originally contained 7 Items being (1) Amul milk food for babies, (2) Cenac baby food, (3) Glaxo, (4) Horlicks, (5) Lactogen, (6) Lactodex and (7) Oster milk. In the instant case, the prosecution is for Amul Spray