JUDGMENT

D. P. Uniyal, J. - This is an application in revision against the judgment of the learned Civil and Sessions Judge upholding in appeal the conviction and sentence ox 2 year's R.I. and a fine of As. 2,000/-, in default to undergo rigorous imprisonment for 6 months, under Section 16 (i) (a) (iii) of the Prevention of Food Adulteration Act.

2. The Food Inspector, Nagar Mahapalika, Agra purchased a sample of mixed milk of cow and goat from the applicant on July 14, 1962. He divided the sample into three equal parts and sealed it. One of the phials was handed over to the accused and the other two remained with the Inspector. One of these two samples was sent to the Public Analyst for examination. The report of the Public analyst disclosed that fat contents of the sample was 4.3% while contents of non-fatty solids was 6.1%. The rules framed under the Prevention of Food Adulteration Act (the Act) do not lay down any standard for ascertaining the fat contents or the non-fatty solids of goats milk. It was conceded before me that the standard to be applied in case of mixed milk of cow and goat was the same as that prescribed in respect of cows milk. Under the rules the prescribed min