JUDGMENT P. N. Bakshi, J. - The applicant has been convicted under section 7/16 (l)(a)(i) Prevention of Food Adulteration Act and sentenced to 6 months' R.I. and a fine of Rs. 1000/-. His conviction and sentence has been confirmed in appeal by the Sessions Judge, Fatehpur. Hence this revision, which was admitted by me on the question of sentence. 2. According to the prosecution case, Food Inspector, Sri G.D. Singhal checked the shop of the applicant in Kiran Gali Bindki at 2.30 P.M. on 24th April, 1977. He took a sample of sugar candy and obtained a receipt (Ex.Ka2) from the applicant in the presence of witnesses Ram Lakhan Singh and S.L.Samkhawar. The sample was divided in three parts and put in clean and dry bottles, and duly labeled. The sample in possession of the Food Inspector was sent for the report of the Public Analyst. His report indicated that there was deficiency of sucrose contents by 29.2 per cent. After obtaining due sanction, the applicant was prosecuted and convicted as above. 3. Counsel for the applicant submitted that in view of the amendment by Act 34 of 1976 which became effective from 17th February, 76, the proviso to Section 1 permitted this court to impose a sentence for special and adequate reasons for a term which may extend to 3 months and with fine which may extend to 500 Rupees. In the instant case the article of food is sugar-candy. The proviso to Section 16 which permits the imposition of lesser sentence applies to an article of food being primary food. Primary food as defined under the Act after the amendment is a produce of agriculture and horiculture in its natural form. Sugar candy thus is not covered by the definition of primary food. As such the proviso will not be applicable in the instant case. 4. In the circumstances the minimum sentence which could be imposed for the offence in question is 6 months' R.I. and a fine of Rs. 1000/-. For the reasons given above, it is not possible to reduce the sentence any further. This revision application is accordingly dismissed and the interim order, passed on 19th of July, 1978 staying realisation of fine to the extent of Rs. 500/- is vacated.