B.L. Yadav, J.

1. The present revision under section 397/401 of the Code of Criminal Procedure, 1973 is directed against the order dated 11-5-1982 passed by the Distt. Judge, Agra, dismissing the appeal and maintaining the conviction of the applicant under section 7/16 of the Prevention of Food Adulteration Act, 1954, (for short the Act), and sentenced him for six months and awarded a fine of Rs. 1,000/- and confirmed the order dated 1-9-81 passed by the Munsif Magistrate, I Class convicting the applicant under the aforesaid Sections and awarding the aforesaid sentences.

2. The prosecution case was that on 30-9-1977 the applicant was found selling cow milk. In view of the provisions of Section 10 (Ten) of the Act, the Inspector having reason to suspect the milk an article of food to be adulterated procured the sample according to rule and sent it for analysis. One of the sealed samples was sent to the Public Analyst for analysis vide memo Ext. Ka-5. The Public Analyst sent his report Ext. Ka-6 on 16-11-1977. The fat contents of the milk were found to be 4.3%, non fatty solids were found to be 7.8%. Whereas the standard for cow milk as given in Appendix-B as applicable to th