Kerala High Court denies anticipatory bail to restaurant operator accused of selling adulterated Shawarma

The Kerala High Court on Wednesday denied anticipatory bail to a man running a restaurant that was accused of selling an adulterated shawarma (meat-based wraps) which led to a customer's death [Shihad MP v State of Kerala & Anr.]..Justice Mohammed Nias CP denied the pre-arrest bail plea after taking a serious view of the allegations against the restaurant. "Taking into account the prosecution allegations and the violation of the mandatory guidelines issued to the hotels, a proper investigation has to be conducted, and the grant of anticipatory bail will adversely affect the same," the Court said..The judge further observed that the practice of providing adulterated food in restaurants poses health risks and may even be a threat to life itself. “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 order stated. .The High Court was considering an anticipatory bail application by the operator of Le Hayath restaurant in Thrikkakkara. The said restaurant was alleged to have sold adulterated shawarma. .A customer was said to have died after consuming the shawarma, which was ordered through the food delivery service, Zomato. The Court was told that the victim was hospitalised on October 22, 2023, after consuming the food. The victim died three days later on October 25. .The criminal case against the restaurant's operator cited the offences 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 prosecution argued that the restaurant had knowingly prepared and sold the shawarma with the intent to cause death. The accused was alleged to have sold the adulterated and harmful shawarma for wrongful gain, causing not only the death of the deceased but also affecting other victims with food poisoning in two additional cases.It was contended that the restaurant violated guidelines for shawarma preparation and caused widespread food poisoning. This was indicated in statements from affected individuals, including Swiggy customers, the prosecution said. It was further alleged that the restaurant knowingly used substandard raw materials in unhygienic conditions to prepare the food..The accused, however, denied any wrongdoing or role in the customer's death. His counsel argued that the shawarma in question was prepared with care and that there were no other complaints regarding the food with respect to around 150 other orders served on the day of the incident.He also emphasised that even the Zomato bills stated that the food should be consumed within two hours after delivery. .The High Court, however, dismissed the pre-arrest bail plea considering the seriousness of the allegations against the restaurant and the potential health risks flagged in the matter. .The accused restaurant operator (bail applicant) was represented by advocates T Asaf Ali and Laliza TY.Senior Public Prosecutor TV Neema and Public Prosecutor MC Ashi appeared for the State government. .On a related note, the High Court recently ordered food safety authorities to instruct eateries to display the exact time when food is prepared, as part of measures to ensure that there are no more deaths caused due to the consumption of spoilt Shawarmas (meat-based wraps).Before this, in 2022, the High Court also initiated a suo motu Public Interest Litigation (PIL) on the issue of food safety after a 16-year-old girl died after consuming a contaminated Shawarma..[Read Order]