Short Note : This revision is directed against the judgment dated 16-6-1977, passed by the 2nd Additional Sessions Judge, Ujjain in Criminal appeal No. 316 of 1976, maintaining the conviction of the applicant for the offence under section 7 (1) and 16 (1) (a) (i) of the Prevention of Food Adultration Act and the sentence of R.1. for 6 months and a fine of Rs. 1000, in default further R.I for 3 months, awarded thereunder by the learned trial Court. 2. Held: The only point urged in support of this revision was about the sentence. It was urged that considering the marginal deficiency found by the Public Analyst in the sample together with the fact that the applicant is now an old man of 74 years, he deserves some leniency in the matter of Jail sentence. It was submitted that the standard prescribed for 'baisan' is (a) total ash not more than 5% (b) ash insoluble in HCL, not more than 0.5%. In the present case the total ash found was 3.1 % and ash insoluble in HCL was 0.15%. Thus, according to the learned counsel the deficiency in ash insoluble in HCL was marginal, and therefore, the applicant should be let-off with fine, and, in lieu, of the Jail sentence he may be levied an additional penalty of fine, as considering his old age, it would now not be proper to send him to prison to suffer the Jail sentence, as this matter is also pending since 1970. The learned counsel appearing for the respondent did not seriously opposed this prayer. 3. In these circumstances, after hearing arguments and going through the record, considering the facts and circumstances of the case as stated above, I am of opinion that it would meet the ends of justice, if, instead of sending the applicant to prison to suffer the jail sentence for 6 months, he is penalised with a fine in lieu thereof. 4. In the result, the conviction of the applicant, as also the sentence of fine Rs. 1000 already imposed, is maintained. The Jail sentence of R. I. for 6 months is set aside, and, in lieu therefore, the applicant is levied an additional fine of Rs. 1000, which applicant shall deposit in the trial Court, within a fortnight from today, failing which he shall suffer R. I. for 3 months. Revision partly allowed.