ORDER :

K.G. Balakrishnan, J.

Leave granted.

2. Heard counsel for the appellant and also counsel for the State.

3. The appellant was found guilty of an offence punishable under Sections 16(1)(a)(i) and (ii) read with Sections 7(1) and (2)(ix)(d) of the Prevention of Food Adulteration Act, 1954. A sample of moong dal (black gram dal) was taken from the shop of the appellant on 20-3-1989 and it was sent for chemical analysis and it was found by the Regional Analytical Laboratory at Calicut that it contained 0.28% of talc as foreign matter. The appellant was not satisfied with the report and sent the second sample to be examined by the Central Food Laboratory and the Central Food Laboratory issued a certificate dated 1-8-1989 wherein the percentage of talc was described as 1.363% and the learned Single Judge held the appellant guilty of the offence punishable under the sections as aforesaid of the Prevention of Food Adulteration Act.

4. Counsel for the appellant submits that talc is not an inorganic foreign matter as it does not come within the Explanation contained in clause A.18.06.11 (sic A.18.06.10) of the Prevention of Food Adulteration Rules, 1955 and whereas the said contention was