Special Leave Petition Crl No 2088 of 1979
From the Judgment and Order dated 25 7 1979 of the Allahabad High Court in Criminal Revision No 118979
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 is 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
VDK Petition dismissed


Summary:
HELD The prohibition under the Prevention of Food Adulteration Act and the Rules has been imposed because it is harmful to human health
312 G 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 reduced the sentence this Court cannot under article 136 of the Constitution be pressurised further to follow the wrong path
312 F H