JUDGMENT B.N. Katju, J. - The applicant was convicted under Section 7/16 of the Prevention of Food Adulteration Act (hereinafter referred to as the Act) and sentenced to six months R.I. and a line of Rs. 1,000/- by the judgment of the Judicial Magistrate, Fatehpur dated 31-1-1978 passed in Criminal Case No. 1442. In default of payment of fine, he was ordered to undergo two months R.I. The applicant filed Criminal Appeal No. 26 of 1978, which was dismissed by the IInd Additional Sessions Judge, Fatehpur by his judgment dated 7-11-1979. The applicant has now come up in revision to this Court. 2. The case of the prosecution is that the applicant sold 450 gms. of Dal Chini Saboot for Rs. 2.60 P. to the Food Inspector S.K. Mishra (P.W. 1) on 14-8-1976 at about 1-45 P.M. at his shop situated in Mohalla Pilu Tale in the City of Fatehpur. The Dal Chini was divided into three parts and each part was kept in a phial and sealed. One of the sealed phials was sent to the Public Analyst and the report of the Public Analyst shows that the sample contained 100% of foreign bark. 3. The applicant pleaded not guilty and stated that he had sold Dal Chini to the Food Inspector which was not for human consumption. No offence under Section 7/16 of the Act was, therefore, made out against him. 4. The receipt (Ex. Ka-2) admittedly issued by the Food Inspector to the applicant shows that the word Khadya has been scored out. This supports the defence of the applicant that he did not sell Dal Chini to the Food Inspector which was meant for human consumption. No food was, therefore, sold by the applicant to the Food Inspector as food as defined in section 2 of the Act means any article used as food or drink for human consumption. He cannot, therefore, be held guilty under Section 7/16 of the Act selling adulterated or misbranded food. 5. This application is accordingly allowed and the conviction of the applicant under section 7/16 of the Act and the sentence awarded to him thereunder are set aside. 6. The applicant is on bail. He need not surrender. His bail bonds are discharged.