JUDGMENT Mahavir Singh, J. - The applicant was convicted under section 7/16 of the Prevention of Food Adulteration Act and sentenced to undergo six months R.I. and a fine of Rs. 1000/- and in default to undergo a further R.I. for four months. The conviction and sentence were upheld in appeal. 2. The prosecution case was that the Food Inspector took a sample of milk from the applicant on 14-11-1975. On analysis the sample was found deficient by 43% fatty in solids and 25 per cent in non fatty solid contents. The applicant had denied the selling of milk or giving any sample to the Food Inspector. 3. In this revision the finding of fact recorded by the courts below is not open to interference as it has not been shown that the finding was vitiated by non-consideration of any evidence or consideration of inadmissible evidence. 4. Some legal points were raised in the grounds of revision. One was that there was inordinate delay in launching the prosecution proceedings and this has resulted in great prejudice to the applicant. The learned counsel for the applicant says that due to delay the applicant was deprived of his right to get the sample re-analysed by the Director of Central Food Laboratory, but this contention has no force. The applicant had never moved the lower Court to send the sample for reanalysis to the Director and therefore it cannot be said that he had been prejudiced. 5. It was then contended that the complaint had not been properly filed but there was nothing wrong. The complaint was filed by Nagar Mahapalika through the Swastha Adhikari of the Nagar Mahapalika. The Swastha Adhikari has been empowered by the State to file such complaint. So there is no force in the contention raised by the learned counsel for the applicant. 6. The learned counsel for the applicant then contended that the sentence was severe. But considering the extent of adulteration, it cannot be said that the sentence was severe. 7. The revision has, therefore, no force and it is dismissed. The applicant is on bail. He may be taken into custody to serve out the sentence. The Chief Judicial Magistrate, Allahabad will report compliance within six weeks.