JUDGMENT J.P. Chaturvedi, J. - This is a revision against a judgment and order of the learned II Additional Sessions Judge, Ghaziabad dismissing an appeal of the applicant Kunwar Pal, upholding his conviction under section 16 read with section 7 of the Prevention of Food Adulteration Act and sentence of six months R.I. and fine of Rs. 1,000/-. In default of payment of fine he was ordered to further serve a sentence of three months simple imprisonment. 2. The prosecution case was that on 23-6-1976 at 8 a.m. in front of the State Bank of India in the town of Hapur, B.L. Gupta, Food Inspector found the applicant Kunwar Pal carrying cow milk for sale. After giving him notice and disclosing his identity, the Food Inspector purchased 660 mis. of sample milk and divided it in three parts. He paid the price of the sample milk and obtained a receipt from the applicant. One of the parts was sent to the Public Analyst who reported that the sample milk was deficient in nonfatty solids by 16% and, was therefore, adulterated. 3. The applicant pleaded not guilty. 4. The prosecution examined B.L. Gupta (P.W. 1) Food Inspector, O.P. Gupta (P.W. 2) and Jagdish Prasad (P.W. 3). 5. Learned counsel for the applicant contended that the deficiency in non-fatty solids was negligible and was not, therefore, punishable within the meaning of section 7 of the Act. In Municipal Committee, Amritsar v. Hazara Singh, reported in 1975 (I) FAC 271 also the milk was slightly deficient in milk solids non-fat. The trial Court acquitted the accused ignoring the minor deficiency which in its view was in the nature of permissible error. Although the conviction of the appellant was not disturbed but it was held that it was not the law that nominal deficiency in the milk components justify acquittal in food adulteration cases. In view of this authority this revision has no force and is dismissed. The conviction of the applicant and the sentence awarded to him by the courts below are maintained. The applicant is on bail to which he shall surrender. He shall be taken into custody to serve out his sentence.