JUDGMENT P.N. Bakshi, J. -The applicant has been convicted under Section 7/16 of the P.F.A. Act and sentenced to six months' R.I. and a fine of Rs. 1000/-. In default of payment of fine he is to undergo four months' R.I. further. His conviction and sentence have been maintained in appeal by the Sessions Judge, Saharanpur. Hence this revision. 2. I have heard counsel for the applicant and have also perused the impugned order. A sample of milk was purchased by the Food Inspector from the applicant at about 10 A.M. on 31st July, 1975 in accordance with the procedure prescribed by law, One of the sample phial was sent for analysis to the Public Analyst, whose report disclosed that it was deficient to the extent of 7% in fat contents and 9% in non-fatty solids. After obtaining sanction the applicant has been prosecuted and convicted as above. 3. Both the courts below on a consideration of the evidence on record and the circumstances of the case have held the guilt of the accused established beyond all doubt, i do not find any Illegality or perversity in the findings of fact recorded by the subordinate court to warrant interference in revision. 4. Counsel for the applicant has, however, argued that there is nothing on the record to indicate that the applicant is a previous convict. He has also submitted that in the instant case the deficiency in fat and non-fatty contents was small. He has further filed an affidavit to show that the applicant has also been in jail for over two months and that he has also been fined a sum of Rs. 1,000/-. The offence on question had taken place prior to the Amendment Act of 1976. He submits that in these circumstances the applicant should not be sent back to jail for a short term of imprisonment. 5. Having regard to all these circumstances, I am of the opinion that the conviction of the applicant for the offence under Section 7/16 of P.F.A. Act must be maintained but the sentence of imprisonment imposed upon him shall be reduced to the period already undergone. The sentence of fine is, however, maintained. The fine shall be deposited within three months from today with the trial court, failing which the applicant shall undergo four months rigorous imprisonment. The sentence of fine is, however, maintained. The fine shall be deposited within three months from today with the trial court, failing which the applicant shall undergo four months rigorous imprisonment. The interim order passed by this Court, staying realisation of fine, dated 31st October, 1979 is hereby vacated. 6. With the above modification and observations this revision is dismissed.