LexDraft · Judgments

Sharif Ahmed v. State of U.P.

Supreme Court of India · 1979 INSC 154 · 1979

Coram: V.R. KRISHNA IYER, P.N. SHINGAL

Cited by 4 judgments in this corpus

These judgments mention this one. Whether each followed, distinguished or doubted it is not recorded here — read them before relying on any of it.

Source: sci_open_data

, KRISHNA IYER, J.-Counsel for the petitioner states that the sen­ tence imposed upon his client for the offence under section 7 read with section 16 of the Prevention of Food Adulteration Act must be reduced because the adulterant, namely, prohibited coal-tar dye, is, in his submission, non-injurious or an innocent mix. Therefore, the imprison­ ment part of the sentence, it was urged, should be eliminated. It ls true that the High Court has observed that the "colour which was mixed with powdered chillies" is not. mentioned in the Public Analyst's report to be injurious to human life. It does not follow that because it is not specifically mentioned to be injurious, it is non-injurious. Absence of evidence is not equal to evidence of absence. For ought we know, the prohibition under the Act and the Rules has been im­ posed because it is harmful to human health. It is true that the High Court has, under a mis-conception, reduced the sentence, but we can­ not be pressurised further into following the wrong path. The special leave petition is dismissed. V.D.K. Petition dismiSsed.