JUDGMENT M.P. Saxena, J. - Rajendra has filed this revision application against the judgment and order dated 13-2-1981 passed by the Vth Additional Sessions Judge, Muzaffarnagar, dismissing his appeal and confirming his conviction under section 7/16 of the Prevention of Food Adulteration Act and the sentence of three months R.I. and a fine of Rs. 500/-. 2. Briefly stated the prosecution case was that on 19-9-1980 at about 1-3J p.m. M 3. Tomar Food Inspector P.H.C. Jansath visited a shop situated in village Tisang, P.S. Jansath where Khoya was being manufactured. He found the revisionist sitting on a cot and asked Him to show the licence for manufacturing and sale of Khoya which the failed to produce. 3. Notice was given to him and after expiry of its period sanction to prosecute him was obtained and a complaint was filed. 4. The revisionist denied the said charge and gave out that he was resident of Bariwala and had no connection with the said shop. According to him, this shop was run by his brother. He had gone to meet his brother but did not find him at the shop. He, therefore, sat down there in order to meet him. The Food Inspector came there and obtained his signatures on a blank paper. 5. Both the learned lower courts discredited the story set up by the revisionist and convicted and sentenced him as mentioned above. 6. have heard the learned counsel for the revisionist as well as for the State and have given my anxious consideration to the whole matter. The Food Inspector had examined himself and one Norang Singh (P.W. 2). The statement of the latter does not carry much weight because he had obliged the Food Inspector by his statement in two or three other cases. Secondly he belongs to the Department of the Food Inspector. Thirdly he contradicted the Food Inspector on material points. According to him, the Khoya existed only in one Tasla while according to the Food Inspector it was lying in two or three parats. Norang Singh was unable to give correct location of the shop where the revisionist is said to have been found. In these circumstances his statement was not worthy of credence. 7. So far as the statement of the Food Inspector is concerned it also does not advance the prosecution case much further. Norang Singh was unable to give correct location of the shop where the revisionist is said to have been found. In these circumstances his statement was not worthy of credence. 7. So far as the statement of the Food Inspector is concerned it also does not advance the prosecution case much further. He did not deny that the shop is run by Murari Lal brother of the revisionist. He had himself given a report to the effect that no person of the name and appearance of the revisionist lives in village Tisang where the shop is situate It makes it clear that according to the Inspector himself the revisionist does not reside in Tisang. On the other hand the revisionist examined one witness to prove that ne is resident of village Bariwala and carries on his cultivation there. Therefore, it was satisfactorily established that the revisionist does not reside in the village where the shop is situated and there was every force in his contention that he had gone to meet his brother. It is further established from the evidence on the record that the visited by the Inspector was run by Murari Lal, brother of the revisionist. According to the Inspector himself, the revisionist was not manufacturing Khoya. It was being done by some one else. The revisional was only sitting on a cot nearby. Therefore, if in the absence of his brother he sat down at the shop where Khoya was being manufactured he could not be expected to produce the licence. It could be done only by his brother but no notice appears to have been given to him. am, therefore, of judgment that from the material on the record the revisionists conviction cannot be sustained. 8. The revision application is allowed and his conviction under Section 7/16 of the Prevention of Food Adulteration Act and the sentence awarded thereunder are set aside. The fine if deposited, shall be refunded to him.