JUDGMENT J.P. Chaturvedi, J. - This is a revision against his judgment and order of the learned VI Additional Sessions Judge, Meerut, convicting the applicants Kalu Ram of an offence under section 16/7 of the Prevention of Food Adulteration Act and sentencing him to undergo R.I. for six months and to pay fine of Rs. 1000/- and in default to undergo R.I. for three months. 2. The prosecution case was that on 30th December, 1975, at f p.m. the Food Inspector, Shri M.D. Agarwal, found one Sohanvir taking m The Food Inspector, after giving him notice, purchased sample of them and a part of which was sent to the Public Analyst, who reported that it deficient in fat contents by 3% and non-fatty solids by 32%. 3. Sohanvir disclosed that the milk belonged to the applicant Kali Ram. As such, both Sohanvir and Kalu Ram were prosecuted and convicted by the trial Court. The lower appellate Court gave benefit of First Offenders Probation Act to Sohanvir and convicted and sentenced the applicant,as already stated. 4. So far as the applicant is concerned, his conviction is based on u statement of Sohanvir co-accused which he recorded on the back of notice Ex. Ka-1. The Food Inspector M.D. Agarwal as well as PW 2 Moti Rat have stated that Sohanvir stated in their presence that he was a servant Kalu Ram and that the milk, which he was carrying, belonged to Kalu Ram. In cross-examination the Food Inspector stated that he did not make any enquiry whether the statement of Sohanvir was correct or not. Later on, he stated that he verified the same from other witnesses. However, no such person has been produced. Thus, there is no evidence against the applicant Kalu Ram, except the statement of Sohanvir made to the Food Inspector, which could not be used against the applicant. 5. The revision is, therefore, allowed and the conviction and sentence of the applicant Kalu Ram are set aside. He is on bail, to which he need not surrender. His bail bonds are cancelled and sureties are discharged. If he has already deposited his fine, it shall be refunded to him.