JUDGMENT

G.C. Mathur, J. - Indrajeet opposite-party No. 2 was challenged before the City Magistrate, Meerut, for an offence under Section 7116 (1) (a) (i) of the Prevention of Food Adulteration Act for selling adulterated milk. He was found guilty of the offence but, instead of sentencing him, the magistrate released him on Probation under Section 4 of the U. P. First Offenders' Probation Act. Against this order, the Food Inspector went up in revision to the Court of session. The Additional Sessions fudge, Meerut, was of the opinion that the U. P. First Offenders Probation Act was not applicable to the offence under Section 16 (1) which was punishable with a minimum sentence of six months' imprisonment and Rs. 1,000/- fine as, according to him, this Act is not applicable to offences punishable, with a sentence of fine. He was also of opinion that this was not a fit case in which the papers under Section 4 should have been exercised. He has accordingly made this reference for enhancement of the sentence imposed by the magistrate.

2. The main question, which arises for our consideration in this case, is whether the provisions of Section 4 of the U. P. First Offenders' Probation Act ar