Food Inspector vs G. Sivarama Menon

K.G. Balakrishnan J.

This is an appeal against the acquittal of the accused in C. C. No. 114 of 1986 on the file of the Judicial Magistrate of the 1st Class, Alwaye. PW 1, the Food Inspector, Angamaly Circle, purchased 750 grams 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:

Prosecution was launched against the accused. The court bellows 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.F.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.

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.

In order to appreciate the rival contentions it is necessary to understand the nature of the substance found in the food article as detected by PW 4 in this analysis. PW 4 deposed that the sample contained 0.34 per cent talc (magnesium silicate) and further stated that magnesium silicate is an inorganic pigment. According to Rule 27 of the P.F.A. Rules addition of inorganic matters and pigments are prohibited. Rule 27 of the P.F.A. Rules read as follows:

Addition of inorganic matters and pigments prohibited:-Inorganic colouring matters and pigments shall not be added to any article of food provided that chewing gum may contain Titanium dioxide - (food grade) up to a maximum limit of 1 per cent.

The short question that arise for consideration is whether tale which is chemically known as magnesium silicate is a pigment. ''The learned counsel for the respondent brought my attention to the ''Condensed Chemical Dictionary", 10th Edition by Gessner G. Hawley, Van Nostrand Reinhold Company. New York. At page 991 of the book talc has been explained.

talc (talcum; soapstone; steatite). Mg3Si4010 (OH)2 or MgO4Si02. H20. A natural hydrous magnesium silicate. Compact massive varieties may be called steatite in distinction from the foliated varieties, which are called talc. Soapstone is an impure variety of steatite.

Its properties have been described as "white, apple green, gray powder; luster pearly or greasy; feel graesy......... High resistance to acids, alkalies and heat. The use of magnesium silicate has been stated at page 636. The uses include odor absorbent; filter medium; catalyst and catalyst carrier and anticaking agent in foods. It is not mentioned that magnesium silicate is used as a colouring agent. On a perusal of the various properties and uses mentioned in the book, it is clear that magnesium silicate is not being used as a colouring agent. It is also necessary to consider whether the inorganic substance is said to be pigment. At page 817 of the very same book "pigment" has been explained.

Pigment. Any substance, usually in the form of dry powder, that imparts coluor to another substance or mixture. Most pigment, are insoluble in organic solvents and water.

It is further stated that inorganic pigments are classified info 5 groups viz. metallic oxides, metal powder suspensions, earth colours, lead chromates and carbon black. To qualify as a pigment, the material must have positive colouring qualities It is also stated in the book that this definition of "pigment" excludes whiting, barytes, clays and talc. From the materials furnished above, it appears that the offending article found in the sample was talc (magnesium) silicate), though an inorganic compound, is neither pigment nor a colouring matter. Under Rule 27 of the P.F.A. Rules, prohibition is with regard to inorganic colouring matters and pigments in Appendix B. A. 18.06 (ii) says that addition of inorganic matter shall not exceed 1 percent.

In view of the above circumstances, the opinion of PW 4, the Public Analyst, that the sample contained inorganic pigment and, therefore it was adulterated cannot be accepted. In a decision in Crl. R.P. 140/77. His Lordship Justice Subramonian Poti as he then was held a similar view. In that case also magnesium silicate was found O. 8 per cent and reference was made to Encyclopedia of Chemical Technology, Volume 13 and held that a reading of the scientific literature on talc would be sufficient to find that talc has never been understood as a colouring agent. It is not understood to possess any property of a colouring agent. On the other hand it is used as a dry lubricant and evidently it has been used in black gram dhal. On these premises the accused was acquitted in that case.

The learned Magistrate has taken a reasonable view of the matter and acquitted the accused. I find no reason to interfere with the acquittal of the accused as there is no manifest illegality in the finding of the court below Crl. appeal failsard the same is dismissed.