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 di