JUDGMENT R.B. Lal, J. - The applicant in this revision, was prosecuted for an offence under section 7/16 of the Prevention of Food Adulteration Act (briefly the Act) for selling adulterated milk. He was convicted by the trial court and sentenced to undergo rigorous imprisonment for six months and to pay a fine of Rs. 1000/-. The conviction and sentence were upheld by the learned Sessions Judge, Nainital. 2. In this revision, the learned counsel did not make any submission on the merits. He contended that the applicant was below 18 years of age on the date of occurrence and, therefore, should be allowed benefit of section 20-AA of the Act. Since this point was not raised before the courts below and the exact age of the applicant had not come on record, the trial court was directed to submit a report about it. 3. Before the trial court a school certificate was filed which showed that the applicant was born on 10-9-61. The Chief Medical Officer was also asked to medically examine the applicant and report about his age. The Chief Medical Officer got ossification of various bones of the applicant done and thereafter submitted his report dated 26-8-81 saying that the applicant Lakhvinder Singh was about 22 years old. The Chief Medical Officer found that all the epiphyses of lower and upper ends of radius and ulna bones and metacarpal bones had fused. He also found that epiphyses of sternal end of clavical bone was fused. 4. Presence of fusion of the epiphyses of radius and ulna bones and matacarpal bones is completed by the age of 18 or 19 years and is therefore, of little help in the instant case to determine the age of the applicant on the date of occurrence or on the date of conviction. Modi's jurisprudence mentions that fusion of epiphys's of the sternal end of the clavical bone takes place by the age of 22 years amongst Bengali males. It has not been mentioned as to at what age this epiphys's fuses in males of hill regions of Uttar Pradesh. Hence the Chief Medical Officer's estimate cannot be taken as exact. It will not be unreasonable to say that there may be variation of a year or more in the estimate of age given by the Chief Medical Officer. 5. Hence the Chief Medical Officer's estimate cannot be taken as exact. It will not be unreasonable to say that there may be variation of a year or more in the estimate of age given by the Chief Medical Officer. 5. It is true that the school certificate produced on behalf of the applicant was not proved strictly according to law but I feel that for the present purpose this certificate may be accepted. There could be no reason for mentioning a wrong date of birth at the time when this applicant was put to School in the year 1967. Hence relying on this certificate I take the view that the applicant was below 18 years of age both on 27-8-78 when the sample was taken and on 4-8-79, the date on which the learned magistrate recorded his conviction. 6. The next question for consideration is whether it is a fit case for allowing the benefit of probation provisions to the applicant. The report of the Public Analyst shows that the sample of milk had 6.5% fat and it was deficient only in non-fat solid content by 20%. There is nothing to show that there was any previous conviction against the applicant for contravention of the provisions of the Act. Hence I am of the view that the applicant may be allowed benefit of probation provisions under section 20-AA of the Act. 7. The revision is allowed in part. The convictions and sentences of the applicant Lakhvinder Singh are upheld but the execution of sentence is suspended. He is released on probation under section 4 of the Probation of Offenders Act provided, he executes a personal bond in the sum of Rs. 2000/- to maintain good behaviour for a period of two years with two sureties in the like amount. He is allowed two months to execute the said bond before the trial court. In case of his failure to execute the bond and furnish the sureties within two months of such extended time as the magistrate may allow, he shall be called upon by the magistrate to serve out the sentence and pay the fine imposed on him.