Surinder Singh, J. - (1.) Notice in the case was issued only in regard to sentence. I have heard the learned counsel for the petitioner as also for the State. According to the prescribed standards the fat contents of cow's milk is minimum 4 per cent and that of buffalo's milk is that of 6 per cent. In the present case the fat contents of milk, which is alleged to be not specified, was found to be 5.3 per cent i.e. in excess of the prescribed standard. In regard to the milk solids not fats, the prescribed standard for cow's milk is 8.5 per cent and that of buffalo's milk is 9 per cent. The milk solids in the case in hand were found to be 8.1 per cent. The deficiency is marginal. The accused (at the time of the commission of the offence) was about 21 years old and was only a tea vendor running a stall on the canal bridge.
(2.) In view of all these considerations, while the conviction of the petitioner under section 16(1)(a)(i) of the Prevention of Food Adulteration Act is maintained, his sentence for the said offence is reduced to three months' rigorous imprisonment in terms of the proviso to section 16 of the Act. The sentence of fine is, however, maintained as also the imprisonment in default thereof.
(3.) Except for the above reduction in the sentence, the Revision Petition is dismissed. Revision petition dismissed.;