But the perti nent query is, does the exception to the minimum set out in the proviso apply here ? Section 16(1 ) and proviso (i) may now be set out for facility of discussion: "16(1) If any person (a) whether by himself or by any other person on this behalf . or stores, sells or distributes any article of food (i) which is adulterated or misbranded or the sale of which is prohibited by the Food (Health) authority in the interest of public health; * * * * * * he shall, in addition to the penalty he may be liable under the provisions of section 6, be punishable with imprisonment for a term which shall not be less than six months but which may extend to six years, and with fine which shall not be less than one thousand rupees: Provided that (i) if the offence is under sub clause (i) of clause (a) and is with respect to an article of food which is 107 adulterated under sub cl.