applicant Hari Krishna wag tried for the offence punishable under Section 7|16 of the Prevention of Food Adulteration Act (hereinafter referred to as the Act ). He was found guilty of the said offence by the Judicial Magistrate and was sentenced to undergo six months R. I. and a fine of Rs. 1,000|- was also imposed upon him. In case of default in payment of fine, IIP was directed to undergo R. I. for a further period of two months. Hari Krishna appealed to the court of sessions. The said appeal was dismissed by the VI Additional Sessions Judge, Fatehpur by his order dated November 22, 1978"

At about 12. 50 P. M. on April 23, 3977, Food Inspector S. K. Misra took sample of curd from the applicant. At the lime of the taking of the sample the applicant was carrying on business of selling sweets. After making the purchase of the sample, one bottle of the commodity purchased was sent to the Public Analyst who reported that the fatty contents in the sample of curd was short by 2. 60 per cent. The Public Analyst found the shortage on the assumption that the curd had been prepared with buffalo milk. These facts are not in controversy between the parties. It is also not in dispute that the Food Inspector complied with all the formalities at the time of making the purchase and in preparing the sample for sending the same to the Public Analyst. The sanction for the prosecution given by the Public Health Authority has also not been challenged on behalf of the applicant. It may, however, be mentioned that in the receipt issued for the purchase and also in the notice issued to the applicant, the Food Inspector only mentioned the name of the commodity as dahi. The said documents did not state that the Dahi had been prepared with cows milk or buffalos milk. The two courts below have also decided the case on the assumption that the curd which had been found deficient in fatty contents by the Pubic Analyst had been prepared with the milk of buffalo. It is not in dispute that if the analysis had been made on the basis applicable to curd prepared by cows milk, the sample would have fulfilled the standard prescribed under the law, and there would have been no shortage in the fatty contents. On behalf of the applicant, it has been strongly contended that the assumption made by the two courts below that the curd had been prepared with buffalos milk was wholly- err. nee us and the conviction of to applicant hasted on such assumption is not warranted by law. On behalf of the State, the assumption made by the two courts below has been supported. The state counsel relied on Entry No. A. 11. 01. 11 and also Entry No. A. 11. 02. 04 contained in Appendix B to the rules framed under the Act. Note (i) in the first entry mentioned above lays down that when milk is offered for sale without any indication of the class, the standard prescribed for buffalo milk shall apply. The second paragraph of the second entry, referred to above, lays down that where Dahi or curd other than skimmed milk Dahi is sold or offered for sale without any indication of class of milk, the standard prescribed for Dahi prepared from buffalo milk shall apply. In other words, according to the learned counsel for the State, there is a presumption with regard to Dahi that it is prepared by buffalo milk unless there is an indication to the contrary. He submitted that in the instant case, the applicant did not give any contrary indication and, as such, the courts below were right in aplying the standard applicable in the case of Dahi prepared from buffalos milk. The argument thus presented on behalf of the State appears to be tempting. Before deciding the controversy referred to above, reference to two fundamental principles which are often invoked in construing a penal statute is necessary. Ordinarily, every crime which is created by a statute, howsoever comprehensive and unqualified the language used, is always understood as requiring the element of mens rea of a blameworthy