Sharif Ahmed v. State of U.P.

Judgment

The Judgment of the Court was delivered by , KRISHNA IYER, J.-Counsel for the petitioner states that the sentence 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 imprisonment 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 imposed because it is harmful to human health. It is true that the High Court has, under a mis-conception, reduced the sentence, but we cannot be pressurised further into following the wrong path. The special leave petition is dismissed. V.D.K. Petition dismiSsed.