JUDGMENT M.P. Saxena, J. - Mumtaz Khan has filed this revision application against the judgment and order dated 6-1-1981 passed by the IIIrd Additional Sessions Judge, Shahjahanpur, dismissing his appeal and confirming the conviction under section 7/16 of the P.F.A. Act and sentencing him to six months' rigorous imprisonment and to a fine of Rs. 1000/- and in default of its payment to three months' further rigorous imprisonment. 2. In brief the facts are that on 1-6-1976 G.P. Misra, Food Inspector, Nagar Palika, Shahjahanpur, was deputed to take a sample of milk At 7.15 A.M. he met the revisionist near Dilazek out-post and found him carrying milk for sale. It was mixture of 25% cow's milk and 75% buffalo's milk. After giving requisite notice the Food Inspector purchased 660 Ml. Litres of milk on payment of price and obtained a receipt from the revisionist. The sample was kept in three phials which were properly sealed. One of them was sent to the Public Analyst who examined it and reported that in fat contents it was short by 57% and in non-fatty solids by 31%. The milk was found to be adulterated. After obtaining the requisite sanction of the District Magistrate a complaint was filed against the revisionist. 3. The revisionist denied the said charge and gave out that he was not carrying any milk for sale nor any sample was collected from his possession According to him, some other person was carrying the milk and the Food Inspector had taken a sample of his milk. He was asked to sign the papers as a witness As that person ran away the Food Inspector implicated him in this case. He examined one witness in support of it. 4. The learned trial court believed the prosecution version and convicted and sentenced the revisionist as aforesaid. The appeal tiled against it was dismissed. 5. The learned counsel for the revisionist has referred to several points but without any force. All the points pressed by him have been discussed by the leaned Sessions Judge in his judgment and it is not necessary to reiterate the same. The sample was collected from the revisionist's possession. He was carrying on the milk for sale as is borne out from the evidence on the record. Therefore, he was rightly convicted under the aforesaid count. 6. The sample was collected from the revisionist's possession. He was carrying on the milk for sale as is borne out from the evidence on the record. Therefore, he was rightly convicted under the aforesaid count. 6. The learned counsel for the revisionist has vehemently argued for reduction of the sentence on the ground that mixed milk of cow and buffalo is not a primary food and falls within the proviso of section 16(1) and the sentence should be reduced to three months' rigorous imprisonment and a fine of Rs. 500/-. The proviso reads as follows : "If the offence is under sub-clause (i) of clause (a) and is with respect to an article of food, being primary food, which is adulterated due to human change or is with respect to article of food which is misbranded, the court for any adequate and special reasons to be mentioned in the judgment impose a sentence of imprisonment for a term which shall not be less than three months but which may extend to two years and with fine which shall not be less than Rs. 500/-. The question which falls for consideration is whether the milk of the nature described above can be regarded as a primary food. The expression 'primary food' is defined in section 2 (xii-a) of the P.F. A Act as any article of food being a produce of agriculture or horticulture in its natural form. It was inserted by amending Act 34 of 1976 which came into force on 1-4-1976, The sample in the instant case was collected after the said amendment. The milk cannot be said to be produce of agriculture or horticulture in its natural form and cannot be regarded as primary food. Therefore the benefit contemplated by the proviso cannot be availed of by the revisionist and his sentence cannot be reduced. 7. The revision application is accordingly dismissed. The revisionist will surrender in court or be taken into custody to serve out his sentence.