JUDGMENT D.P. Uniyal, J. - The applicant was found guilty under Section 7 read with Section 16 of the Prevention of Food Adulteration Act and sentenced to pay a fine of Rs. 5001in default of payment of fine to 3 months simple imprisonment. 2. According to the prosecution the applicant was found selling mixed milk of cow and buffalo on November 17, 1962 by the Food Inspector. A sample of that milk was purchased by the Food Inspector from him and after due formalities had been observed by the Inspector, one of the parts of the said sample was sent to the public Analyst who reported that it contained 4% of fat and 9.3% of non-fatty solids. It was on these allegations that the applicant was found guilty of the offence of selling adulterated milk. 3. His defence was that he was not selling any milk at all and that he was actually taking milk to his brother-in-law who was lying ill in Motilal Nehru Hospital. Both the courts below have disbelieved the defence case. The learned Sessions Judge, came to the conclusion that on the evidence of the Food Inspector it was clear that the accused had a filter in which milk was kept and the said filter had written on it that it contained mixed milk of cow and buffalo. 4. But from the evidence it was not clear in what proportion the milk of cow and buffalo was mixed in the sample recovered from the possession of the applicant. In the Full Bench case of Prem Das v. State, 1961 A.L.J. 483 it was held that where it is not possible to ascertain the ratio in which the two different kinds of milk are mixed in a given case, the proper standard for determining whether the said milk was adulterated or not would be to find out whether the minimum standard fixed for cows milk has been found in the contents of the sample. Under Rule A 11.01 every sample of cows milk in U.P. must contain not less than 3.5% of milk fats and not less than 8.5% of non-fatty solids. The standard prescribed for buffalo milk is to be found in Rule A 11.01.02. It provides that such milk should contain not less than 6% of milk fats and not less than 9% of non-fatty solids. The standard prescribed for buffalo milk is to be found in Rule A 11.01.02. It provides that such milk should contain not less than 6% of milk fats and not less than 9% of non-fatty solids. In the instant case the sample contained 4% of facts and 9.3% of non-fatty solids. Thus the two constituents of fat and non-fatty solids in the sample were in excess of the minimum fixed for cows milk under the rules. In this view of the matter it could not be said that the milk recovered from the possession of the applicant was below standard. His conviction cannot therefore be upheld. 5. I accordingly allow this revision and set aside the conviction and sentence of the applicant. The fine, if; realised, shall be refunded to him.