K S RAJAN Vs. FOOD INSPECTOR CHALAKKUDY CIRCLE

JUDGEMENT

(1.) This revision comes up for consideration before us on a reference made by a learned Judge, Justice M. Sasidharan Nambiar. According to the learned Judge, decisions of this Court in Food Inspector v. Sivarama Menon,1990 1 KerLT 393 and Beena v. State of Kerala,2010 2 KerLT 17 (Case No. 21) were rendered without adverting to an earlier decision of this Court in Krishnankutty Nair v. George, 1986 KerLT 871 and the ratio in those two decisions Food Inspector v. Sivarama Menon,1990 CrLJ 172 and Beena v. State of Kerala,2010 2 KerLT 17 as well as the ratio in an unreported decision in Cri. R. P. No. 140/ 1977 holding the view that the presence of talc (Magnesium silicate), which is neither a colouring matter nor a pigment in the very same food grain namely, black gram dal, does not attract the prohibition under Rule 27 of the Prevention of Food Adulteration Rules, 1955 (the Rules for short) is ignoring the fact that even if talc is not a colouring matter or a pigment, talc is not a permitted inorganic matter as per the Explanation to the standard in A. 18.06 in Appendix B to the Rules.

(2.) We heard Advocate Sri. Santhosh Subramanian, the learned counsel appearing for the revision petitioner and Advocate Sri M. S. Breeze, the learned Public Prosecutor.

(3.) The facts leading to this revision are the following:-