The Supreme Court granted anticipatory bail to a restaurant owner in Kerala accused of having sold adulterated shawarma (meat-based wraps) and causing the death of a customer.
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NEW DELHI: The decision by the Supreme Court to grant anticipatory bail to a restaurant owner in Kerala accused of selling adulterated shawarma, which allegedly led to the death of a customer, marks a significant development in a case that has garnered public attention.
The Court’s decision, which solidified a temporary relief from arrest granted to the accused in December 2023, came in an order issued on May 8 this year. The Bench, comprising Justice Abhay S Oka and Justice Ujjal Bhuyan, made the earlier interim order absolute after acknowledging the accused, Shihad MP’s, cooperation with the ongoing investigation.
“We have perused the post-mortem report and the final opinion on the cause of death. Pursuant to the interim order dated December 15, 2023, the appellant has cooperated for investigation. Accordingly, the interim order dated December 15, 2023, is made absolute on the same terms and conditions,”
-stated the Court in its order.
The genesis of the case traces back to the tragic demise of a customer who passed away three days after consuming a shawarma wrap ordered through the popular food delivery app, Zomato. This incident prompted an investigation into the quality and safety standards of the shawarma served by the restaurant owned by Shihad MP.
Sections 284, pertaining to negligent conduct involving poisonous substances, and 308, which addresses culpable homicide indicating intent to cause serious harm without causing actual death, have been invoked against the petitioner.
The prosecution alleges that the restaurant in question flouted guidelines for shawarma preparation, resulting in widespread food poisoning. This assertion is supported by statements recorded from affected individuals, including customers who ordered through food delivery platforms like Swiggy.
The petitioner’s quest for anticipatory bail faced a setback when the Kerala High Court rejected his plea in November 2023, prompting an appeal before the apex court. On December 15, 2023, a Bench comprising Justices Aniruddha Bose and Augustine George Masih issued an interim order granting temporary relief from arrest to the petitioner. However, this relief was contingent upon the petitioner’s cooperation with the ongoing investigation.
The recent development on May 8 saw the Supreme Court solidify its December 2023 interim order, rendering it absolute. This decision came after a thorough examination of the post-mortem report and the final opinion on the cause of death associated with the consumption of the allegedly adulterated shawarma.
As the legal proceedings unfold, the case underscores the gravity of food safety violations and the consequential legal ramifications. The invocation of relevant sections of the IPC reflects the seriousness with which authorities are addressing the issue, emphasizing the imperative of adhering to food safety standards to safeguard public health.
The Court’s decision to grant anticipatory bail underscores the nuanced balance between legal proceedings and individual rights, particularly in cases involving grave allegations such as those of food adulteration leading to loss of life. As the investigation unfolds, the legal fraternity and the public await further developments in this high-profile case.
CASE TITLE:
Shihad MP v State of Kerala & Anr.
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