JUDGMENT V. N. Misra, J. - This is an application in revision by Nathu Lal whose conviction under Section 7/16 of Prevention of Food Adulteration Act has been upheld by Sri Arjan Dev, Vth Additional Sessions Judge, Meerut. 2. The applicant was found exposing for sale Bhujia in Mohalla Kundha Neel Lala Ka Bazar, Meerut and on being interrogated by the Food Inspector he said that the cooking medium used was mustard oil. 3. It was argued that even if the cooking medium used for preparation of this Bhujia was found to be a mixture of mustard and groundnut oils since none of these were injurious to health, therefore it could not be said that the Bhujia was adulterated. 4. Even if the applicant misrepresented to the Food Inspector that the Bhujia was prepared in mustard oil and even if this representation was made by mistake, the Bhujia would be deemed to have been adulterated under Section 2(a) of Prevention of Food Adulteration Act. 5. The applicant had, however, purchased this Bhujia from elsewhere and was selling it at his shop. The Bhujia was in polythene bag and the applicant could not have known what was the cooking medium used in it. It is, therefore, a very fit case in which benefit of Section 4 of First Offenders Probation Act should be made available to the applicant. 6. The sentence of the applicant is therefore set aside and he is allowed benefit under Section 4 of U.P. First Offenders Probation Act. He shall be relieved on his furnishing a personal bond for Rs. 4000/-and two sureties in the like amount to keep peace and be of good behaviour for two years and in the meantime to appear before the court and receive sentence whenever called upon to do so.