| Case ID |
002fd53f-6896-4799-8570-fd7202c896ce |
| Body |
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| Case Number |
K-30 of 1974 |
| Decision Date |
Sep 16, 1974 |
| Hearing Date |
|
| Decision |
The Supreme Court dismissed the petition filed by Khalid Sharif, who was convicted under the West Pakistan Pure Food Ordinance for selling 'Atta' with insufficient gluten content. The conviction was upheld by the High Court, which found no merit in the points raised by the petitioner, particularly those concerning the legal appointment of the Public Analyst and the condition of the samples at the time of testing. The Court emphasized that these issues were not presented at the High Court level and could not be raised at this stage. As a result, the petitioner was ordered to serve the remainder of his sentence. |
| Summary |
In the landmark case of Khalid Sharif vs The State, the Supreme Court of Pakistan addressed significant legal principles concerning food safety regulations as outlined in the West Pakistan Pure Food Ordinance, 1960. The petitioner, Khalid Sharif, was convicted for selling 'Atta' that failed to meet the required gluten content, a critical aspect of food quality standards. The case raised important questions about procedural fairness and the admissibility of arguments not previously articulated in lower courts. The Supreme Court's decision underscored the importance of presenting all relevant defenses at the earliest opportunity, particularly in matters concerning public health and safety. This ruling serves as a precedent in food regulation and the judicial process in Pakistan, highlighting the courts' role in upholding legal standards while ensuring that due process is followed. Legal practitioners and scholars will find this case relevant for discussions on food safety laws and the obligations of food sellers. Keywords: Supreme Court, food safety, legal principles, public health, West Pakistan Pure Food Ordinance, judicial process, due process. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
Salahuddin Ahmed,
Muhammad Gul
|
| Lawyers |
Ansar Hussain, Advocate Supreme Court,
Anwar Ali, Advocate-on-Record
|
| Petitioners |
Khalid Sharif
|
| Respondents |
The State
|
| Citations |
1975 SLD 182,
1975 SCMR 178
|
| Other Citations |
Not available
|
| Laws Involved |
West Pakistan Pure Food Ordinance, 1960,
Constitution of Pakistan (1973)
|
| Sections |
6(1)(a),
6(1)(c),
23,
185(3)
|