FOOD INSPECTOR Vs. SIVARAMA MENON

JUDGEMENT

(1.) THIS is an appeal against the acquittal of the accused in c. C. No. H4 of 1986 on the file of the judicial Magistrate of the 1st Class, alwaye. PW1, the Food Inspector, Angamaly Circle , purchased 750 grms of black gram dhall from the shop of the accused. After complying with the formalities, the article purchased by the Food Inspector was divided into three sample parts and one such sample was sent for analysis. The Public Analyst issued Ext. P10 certificate, the relevant portion of which reads: "the sample consists of Black gram dhall without husk. It is coated with talc. Artificial colouring matter ~ absent Pesticide Residue absent Foreign matter-1. Organic matter - absent

(2.) INORGANIC matter - Talc present Talc (Magnesium silicate) 0. 34 percent Damaged grains (grains damaged by rungs Moisture or heating) absent Insect damaged grains - absent Rodent Hair and Excreta - absent Moisture (loss in weight by heating the pulverised grains at 130-133c -10. 2 percent for two hours) Test for Magnesium - Positive Test for silicate -- Positive I am of the opinion that the said sample contains an inorganic pigment talc (Magnesium silicate) and is therefore adulterated". Prosecution was launched against the accused. The court below acquitted the accused on the ground that the foreign matter talc (Magnesium silicate) was only 0. 34% and as per Appendix B. A. 18. 06 (ii) of the p. P. A Rules it is only prohibited that the inorganic matter shall not exceed 1 per cent and the talc (Magnesium silicate) found in the food article was only less than 1 per cent. 2. The learned Public Prosecutor contends that the magnesium silicate found in black gram dhall was colouring matter and it is specifically prohibited as per the provisions of the Prevention of Food adulteration Act, 1954. The learned Public Prosecutor also submits that PW. 4, the Public Analyst opined the addition of magnesium silicate, an inorganic pigment, is a substance which should not be added to food article and, therefore, the black gram dhall was adulterated.