JUDGMENT S. Malik, J. - This is an application in revision by Devi Datt against the judgment dated 5-6-1980 of the II Additional Sessions Judge, Nainital, upholding the conviction of the applicant under section 16 read with section 7 of the Prevention of Food Adulteration Act and the sentence of six months rigorous imprisonment and a fine of Rs. 1000/-. 2. The relevant facts are that the Food Inspector concerned took sample of mixed milk of cow and buffalo from the applicant for analysis according to law on the 24th of July, 1976, at 8.30 A.M. at Haldwani in District Nainital. The portion sent to the Public Analyst was reported to be adulterated as the sample was deficient in non-fatty milk solids by 27 per cent. It may be mentioned that the proportion of the milk fat was adequate. 3. The applicant pleaded not guilty. 4. It was argued that there is no known method by which only nonfatty solids could be extracted from milk without changing its nature or without interfering with the fat content in it. It was, therefore, necessary for the courts below to have summoned the Public Analyst to explain the position. As a matter of fact, in such a case the Public Analyst should find out whether he found any extraneous matter in the sample. In view of the reasons discussed no reliance can be placed on the report of the Public Analyst and the conviction on its basis cannot be upheld. 5. The application is allowed and the order passed by the courts below convicting and sentencing the applicant is set aside. The applicant is acquitted. He is on bail. He need not surrender and his bail bonds are, hereby, discharged. If he has deposited any amount as fine, the same shall be refunded.