High CourtDivision BenchPetition dismissed

SHARIF ALIMED v. STATE OF U.P.

Case / Petition Number:Special Leave Petition (Criminal) No. 2088 of 1979

Case Details & Bench

Court
High Court
Hon'ble Judges
  • V. R. Krishna Iyer
  • P. N. Shinghal
Judgment Date
1979-08-22
Court Decision / Holding
The Special Leave Petition (Criminal) No. 2088 of 1979 is dismissed.
Final Disposition
Petition dismissed

Parties to the Case

Appellants / Petitioners

  • Sharif Alimed

Respondents

  • State of U.P.

Legal Representation & Advocates

Counsels for Petitioners

  • • N. Ali Khan
  • • A. D. Mathur

Case Synopsis & Summary

Sharif Alimed v. State of Uttar Pradesh deals with a challenge to the sentence imposed under section 7 read with section 16 of the Prevention of Food Adulteration Act, following adulteration involving a prohibited coal-tar dye mixed with powdered chillies. The Allahabad High Court had apparently reduced the imprisonment portion of the sentence, on the ground that the adulterant’s nature was non-injurious or innocuous in the mix, based on the Public Analyst’s report not explicitly stating injuriousness. The petitioner contends that such absence does not prove non-injury, emphasizing that absence of evidence is not evidence of absence and that the Act and its Rules impose prohibitions to safeguard health regardless of the report’s wording. The Supreme Court cautions against pressurising the judiciary to adopt a wrong path and notes that Article 136 of the Constitution cannot be invoked to compel a departure from the statutory purpose. It reaffirms that the prohibition under the Act is aimed at protecting human health and rejects the High Court’s misconceived path. Ultimately, the Special Leave Petition is dismissed, leaving the original constitutional and statutory framework in place and maintaining the punitive measures under the Act.

Provisions of Law Cited

Prevention of Food Adulteration Act, Section 7 read with Section 16Prevention of Food Adulteration Act and the Rules under itConstitution of India, Article 136

Legal Doctrines & Maxims

  • Absence of evidence is not equal to evidence of absence.

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioner submits that the sentence under section 7 read with section 16 of the Prevention of Food Adulteration Act should be reduced because the adulterant involved (prohibited coal-tar dye) is, in his submission, non-injurious or innocuous in the mix. He argues that the High Court’s reliance on the Public Analyst’s report, which does not explicitly declare injuriousness, is misplaced; absence of explicit injuriousness does not prove non-injury, and the prohibition under the Act is justified on health grounds. The petitioner emphasizes that absence of evidence is not evidence of absence and that the High Court misinterpreted the evidence leading to a reduced sentence. He contends that Article 136 cannot be used to override the statutory frame or to pressurize the Court into a wrong path.

Contentions of Respondents

The respondents defend the High Court’s approach by asserting the Act’s purpose to protect public health through prohibition of adulterants. They argue that absence of explicit injuriousness in the Public Analyst’s report does not negate potential harm and that the Act, its Rules, and the overall aim of safeguarding health justify the prohibitions and the sentence imposed. They oppose any reduction of the sentence and maintain that the order of the High Court aligns with statutory objectives and constitutional provisions. They rely on the health-protective thrust of the Act and the necessity to deter adulteration.

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Extracted Judgment Text

Exact text extracted from official judgment records.

312 SHARIF AlIMED _v._ STATE OF U.P. _August_ 22, 1979 [V. R. KRISHNA IYER AND P. N. SHINGHAL, JJ.] _**Policy**_ _**of**_ _**Prohibition ufzder the Prevention**_ _**of**_ _**Food Adulteration**_ _**Act-**_ _**Non mention**_ _**in**_ _**the Af!alyst's report**_ _**to**_ _**be injurious to human life does not**_ _**an1ount**_ _**that the- adulterant**_ _**is**_ _**non-injurioztS-=-Setting**_ _**aside the**_ _**sentence**_ _**already**_ _**reduced**_ _**by**_ _**High Court under a misconception would amount to following a**_ _**wrong vath.**_ **C** **HEW** _**:**_ **The prohibition** **under** **the** **Prevention of Food Adulteration Act** and the Rules has been imposed because it is harmful to human health. [312 O] **F** **Absence of evidence** **is** **not equal to evidence of absence.** **Non-mention in** **the** **Public Analyst's** **report** **that** **the** **"colour which** **was** **mixed** **with** **powdered** **Chillies"** **was** **injurious** **to** **human** **life does not amount to** **the** **adulterant** **being** **non-injurious.** **When** **the** **High Court under** **this** **misconception has already re·** duced the sentence, this Court cannot under Art. 136 of the Constitution be pressurised f?rther to follow the wrong path. [312 F-H] CRIM1i:;AL APPELLATE JURISDICTION : Special Leave Petition (Cr!.) # No. 2088 of 19i9. From the Judgment and Order dated 25-7-1979 of the Allahabad High Court in Criminal Revision No. 1'189/79. _N._ _Ali Khan_ and _A. D. Mathur_ for the Petitioner 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._