JUDGMENT J.P. Chaturvedi, J. - This a revision against a judgment and order of the learned V Additional Sessions Judge, Muzaffarnagar dismissing an appeal of the applicant Radhey Shyam and maintaining his conviction under section 16 read with section 7 of the Prevention of Food Adulteration Act (hereinafter called P.F. Act) and sentence of six months R.I. and fine of Rs. 1,000/- thereunder. In default of payment of fine he was ordered to undergo rigorous imprisonment for two months. 2. The prosecution case was that on 31st of March, 1978 at 11.45 a.m. the applicant Radhey Shyam was selling curd (Dahi) at his shop situate in Mohalla Gaushala in the town of Muzaffarnagar. Food Inspector R.K. Goal gave notice to him that he wanted to purchase curd for analysis by Public Analyst and he purchased 600 grams of curd on payment of Rs. 1.80 p. He obtained a receipt from the applicant, divided the sample curd in three parts, packed and sealed each part separately, and sent one of them to the Public Analyst. The Public Analyst found that the sample curd was adulterated as it contained 1.05% of fat and 11.04% of non-fatty solids. The standard prescribed for curd, prepared from buffalo milk was applied. 3. The prosecution examined Food Inspector R.K. Goal and Hari Prakash (PW 2). Both the courts below placed reliance on their testimony and convicted and sentenced the applicant as already mentioned. 4. The applicant pleaded not guilty. He stated that the sample curd was prepared from separate milk and was, therefore, not adulterated, on the basis of the standard prescribed for such curd. 5. The standards for different article of food are prescribed in Appendix 'B' to the Prevention of Food Adulteration Rules. So far as Dalii is concerned, the relevant item is A.11.02.04. According to this item Dahi shall have the same minimum percentage of milk fat and milk solids non-fat as the milk from which it is prepared. It also provides that where 'Dahi' or curd other than skimmed milk Dahi is sold or offered for sale without any indication as to class of milk, the standard prescribed for Dahi prepared from buffalo milk shall apply. It is obvious that the standard prescribed for Dahi prepared from buffalo milk is not to be applied for Dahi prepared from skimmed milk. It is obvious that the standard prescribed for Dahi prepared from buffalo milk is not to be applied for Dahi prepared from skimmed milk. As such the sample could not have been judged on the basis of the standard prescribed for Dahi prepared from buffalo milk. There is no doubt that the sample Dahi had been prepared from the skimmed milk and as such it could not be said to be adulterated. 6. The revision is, therefore, allowed and the conviction of the applicant for the offence under section 16 read with section 7 of the P.F. Act and sentence of six months' R.I. and fine of Rs. 100/- are set aside. The applicant is on bail. He need not surrender to his bail bonds which are hereby cancelled and sureties are discharged.