JUDGMENT

S.D. Singh, J. - This is an application in revision against the judgment of the Civil and Sessions Judge, Agra, upholding the conviction of the applicant u/S. 7 read with S. 16 of the Prevention of Food Adulteration Act, XXXVII of 1954, but while the sentence of six months rigorous imprisonment awarded by the Magistrate was reduced to a sentence till the rising of the Court, the sentence of Rs. 1,000/- fine awarded to him by the Magistrate was confirmed.

2. Sri K. Singh, the Food Inspector under the Agra Municipal Corporation, visited the shop of the applicant at about 7 a.m. on 8-6-1965, and took a sample of milk which is alleged to have been exhibited at the shop for sale u/S. 7 of the Prevention of Food Adulteration Act aforesaid (to be referred to hereafter as the Act). The applicant was paid the price for the milk taken from him and the milk was divided into three parts, each part was filled in separate phials which were sealed on the spot and one of them was handed over to the applicant, another retained in the municipal office and the third sent to the Public Analyst for examination. The report of the Public Analyst was that the sample of milk which was sent to him w