Short Note : 1. The applicant had been convicted under section 16(1)(a)(i) read with section 7(1) of the Prevention of Food Adulteration Act, 1954. 2. It has been found that the applicant purchases ghee from others and sells that ghee in the market, that is he himself does not prepare ghee. As per the report of the public Analyst, out of four tests carried out, only free fatty acid exceeded the maximum limit by 0.6 per cent and moisture exceeded the maximum limit by 0.4 per cent. In the other two tests, the sample was found to be within permissible limits. No harmful foreign matter was found mixed. The applicant is a first offender and is a petty hawker. The Court below were in error in holding that sentence less than the minimum cannot be awarded Kishan Trimbak vs. State of Maharashtra, AIR 1977 SC 435 distinguished. Sentence reduced. Revision partly allowed.