UNIYAL, J. :-This case has been referred to a larger Bench by a learned Single Judge. The question involved is one relating to the effect on pending proceeding of an amending Act which gives discretion to the Court in imposing a lesser punishment than that prescribed in the original Act.

2. The applicant had a tea stall and he used to store milk for the purpose of making tea which he sewed to his customers. The Food Inspector purchased a sample of milk from him which was found to be adulterated by the Public Analyst. He was prosecuted under Section 7(f) read with Section 16(1)(a) of the Prevention of Food Adulteration Act (Act 37 of 1954), hereinafter referred to as the 'Principal Act' Since the offence alleged to have been committed by him was a second offence, he rendered himself liable to imprisonment for a term extending to two years and with fine but which punishment could not be less than one year together with fine of not less than Rs. 2,000 as laid down in Section 16(i)(ii) of the Principal Act.

3. The offence charged had been committed on 28-9-1964 and the applicant was convicted and sentenced on 4-8-1965 to one year's rigorous imprisonment and a fine of Rs. 2,000, in default of payment of fine to undergo further rigorous imprisonment for six months. The learned Sessions Judge affirmed the said conviction and sentence in appeal. The applicant filed an application in revision in this Court and the main contention raised' on behalf of the applicant before the learned Single Judge was that the Legislature had amended Section 16(i) of the principal Act by the amending Act of 1965 which came into force on 1st March, 1965 and that by reason of the said amendment it was open to the Magistrate, in exercise of his discretion, to impose a sentence of imprisonment for a term of less than six months or of fine of less than Rs. 1,000 if in his opinion the circumstances of the case did not require the imposition of a higher punishment.

4. In order to appreciate the point under consideration, it is necessary to set out the provisions of Section 16 of the principal Act as also the provisions of the said section as substituted by the amending Act Section 16, as it originally stood, was in these terms :-

"16. (1) If any person -

(a) Whether by himself or by any person on his behalf imports into India or manufactures for sale, or stores sells of distributes, any article of food in contravention of any of the provisions of this Act or of any rule made thereunder, or

(c) ...........................

(d) ...........................

(e) ...........................

(f) ...........................

(g) ...........................

(i) for the first offence, with imprisonment for a term which may extend to one year or with fine which may extend to two thousand rupees, or with both;

(ii) for a second offence with imprisonment for a term which may extend to two years and with fine;

Provided that in the absence of special and adequate reasons to the contrary to be mentioned in the judgement of the Court such imprisonment shall not be less than one year and such fine shall not he less than two thousand rupees".

5. Section 16(1), as substituted by the amending Act of 1965, is as follows :-

"16. (1) Any person -

(a) Whether by himself or by any other person on his behalf imports into India or manufactures for sale, or stores, sells or distributes any article of food -

(i) which is adulterated ...........................

(c) ...........................

(d) ...........................

(e) ...........................

(f) ...........................

(g) ...........................

He shall in addition to the penalty to which he may be liable under the provisions of Section 6, be punishable with imprisonment for a term which shall not be less than six months but which may extend to six years, and with fine which shall not be less than one thousand rupees;

Provided that -

(i) if the offence is under sub-clause (i) of Clause (a) and is with respect to an article of food whic