LI Network
Published on: December 17, 2023 at 00:21 IST
The Supreme Court granted protection from arrest to a Kerala restaurant owner accused of selling adulterated shawarma that allegedly led to the death of a customer [Shihad M.P. versus The State of Kerala & Anr].
Justice Aniruddha Bose and Justice Augustine George Masih presiding over the case ordered a stay on the arrest of the petitioner, Shihad MP.
While providing the protection, the court instructed Shihad to cooperate with the investigating agency. The order stated, “Let the petitioner not be arrested in connection with F.I.R. Nos. 2047 of 2023, 2020 of 2023, and 2048 of 2023 registered with Thrikkakara Police Station, Ernakulam, till the next date of hearing.”
The Supreme Court also issued notice to the State of Kerala and scheduled the matter for further consideration after three weeks.
The Kerala High Court had previously rejected the anticipatory bail plea of the accused, emphasizing the seriousness of the allegations against the restaurant, Le Hayath, in Thrikkakara.
Justice Mohammed Nias CP, in the High Court’s order, expressed concern about the potential health hazards associated with supplying adulterated food from restaurants.
He stated, “The menace of supplying adulterated food from restaurants can lead to various health issues, including food-borne illnesses, allergies and long-term health issues, besides resulting in food poisoning, digestive problems and in severe cases, pose a threat to life itself. Under such circumstances, I am not inclined to grant anticipatory bail to the petitioner. Accordingly, these applications are dismissed.”
The accused restaurant operator faces charges under Sections 284 (negligent conduct involving poisonous substances) and 308 (culpable homicide, indicating intent to cause serious harm without causing actual death) of the Indian Penal Code (IPC).
The police allege that the restaurant violated shawarma preparation guidelines, leading to widespread food poisoning.
The incident resulted in the death of a customer who consumed the shawarma ordered through the food delivery service, Zomato, in October.
