The applicant in this case has been convicted for the offence punishable under Section 7/16 of the Prevention of Food Adulteration Act. The sentence awarded is rigorous imprisonment for the period already undergone and fine in a sum of Rs. 500/-. After hearing learned counsel for the parties and scrutinising the material on record. I find myself unable to maintain the finding of conviction.

2. The facts found by the Courts below are that on the morning of the 3rd December, 1969 the applicant was found selling milk which on analysis by the Public Analyst, was found to contain 5.5 per cent fat and 7.1 per cent non-fatty solids. The standard applied was in regard to cow milk. The Prevention of Food Adulteration Rules, 1955, as applicable to the State of Uttar Pradesh, lay down that cow milk shall contain not less than 3.5 per cent fat and not less than 8.5 per cent of non-fatty solids. It will be observed that in the present case the percentage of fat was over 60 percent higher than the required minimum whereas non-fatty solid content was 16 per cent below the minimum required by the rule. The finding of conviction of the Courts below is based on the shortage in non-fatty solid