( 1 ) THE applicant has been convicted under Section 16 (1) (ii) of the Prevention of Food adulteration Act for selling adulterated milk and sentenced to rigorous imprisonment for one year and a fine of Rs. 2000/ -. The conviction of the applicant is fully supported by evidence and there is nothing illegal or improper in it. The question raised before me is that of the sentence.

( 2 ) THE applicant was convicted twice before under the U. P. Pure Food Act. On 22-11-1955 he was convicted and fined Rs. 75/- under S. 42 of the Pure Food Act for selling adulterated milk. He was again convicted on 13-2-1956 under S. 42 of the Pure Food Act for selling milk without a licence and sentenced to a fine of Rs. 10/ -. Section 16 of the Prevention of Food Adulteration act reads as follows:

"16 (1) If any person (a) whether by himself. . . . . . stores, sells or distributes, any article of food in contravention of any of the provisions of this Act or of any rule made thereunder, or (b) prevents a food inspector from taking a sample. . . . . . . . . . . or (c) prevents a food inspector from exercising any other power. . . . . . . . . or (d ). . . . . . . has in his possession. . . .