The Supreme Court has granted interim oritection from arrest to a restaurant owner in Kerala, who was accused of selling adulterated shawarma (meat-based wraps), which caused the death of a customer.
The order was passed by the Bench of Justice Aniruddha Bose and Justice Augustine George Masih on Friday.
The Apex Court directed petitioner Shihad MP to cooperate with the investigating agency.
The Bench stayed the arrest of the petitioner till the next date of hearing in connection with F.I.R. Nos. 2047 of 2023, 2020 of 2023 and 2048 of 2023 registered with Thrikkakara Police Station, Ernakulam.
It further issued notice to the State of Kerala and listed the matter for further consideration after three weeks.
Earlier, the Kerala High Court had rejected the anticipatory bail plea of the accused.
The single-judge Bench of Justice Mohammed Nias CP denied the relief to him after taking a serious view of the allegations against the restaurant, Le Hayath restaurant in Thrikkakara.
The High court had ruled that 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.
The High Court said under such circumstances, it was not inclined to grant anticipatory bail to the petitioner.
A customer had died three days after consuming the shawarma, ordered through the food delivery service Zomato, in October.
Kerala Police had registered a cse against the shop owner 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) against the restaurant operator.
The prosecution contended that the restaurant violated guidelines for shawarma preparation and caused widespread food poisoning.
Police had recorded statements from affected individuals, including Swiggy customers.
The petitioner was represented by Advocates Haris Beeran, Azhar Assees, Anand B Menon and Radha Shyam Jena.
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