Shawarma Death In Kerala- This Level Of Negligence Does Not Require Intention: SC Directs State To Submit Report On Progress Of Investigation

The Bench of Justice Aniruddha Bose and Justice Sanjay Kumar said “This level of negligence does not require intention, you cannot offer food and take this (less) amount of care.”

Advocate Haris Beeran for the Petitioner submitted “At best it is the case of food poisoning. (Section)308 (IPC) has been imposed on me. Culpable Homicide. Where is the intention of Culpable Homicide?”

The Counsel for the state submitted that 16 persons were affected due by the poisoning, out of which four were children and one person died.

The Court, though it started to dictate the order dismissing the anticipatory bail application, then adjourned the matter the State conceded that the statements of the accused were recorded on two days and that his version has to be verified. The State also submitted that all the staff of the accused hotelier are absconding.

The Petitioner-Accused, who operates the Le Hayath Restaurant, filed applications under Section 438 of the Code of Criminal Procedure, 1973 before the Kerala High Court, seeking pre-arrest bail in connection with three criminal cases. The charges pertained to offences under Sections 284 and 308 of the Indian Penal Code (IPC). The same was dismissed by the impugned order.

The High Court had denied anticipatory bail to the petitioner, emphasizing the potential harm posed by the distribution of contaminated food, and dismissed the applications.

The prosecution alleges that the Accused with the knowledge that death would be caused, prepared and sold 'shawarma' at his restaurant, which was ordered by the brother of the de facto complainant through Zomato. The deceased was admitted to the hospital due to the consumption of the said food and succumbed to the ailments.

As per the prosecution, the death of the deceased happened due to the consumption of 'shawarma' sold out by the Accused through the restaurant. The Accused sold obnoxious and adulterated food, which was not consumable, to obtain wrong gain and thus committed the offences. In the other two cases, similar food item was consumed, which resulted in the victims being affected with food poisoning.

In November 2023 the Kerala High Court, in response to the demise of a 16-year-old resulting from the consumption of expired 'shawarma', had mandated the formulation of guidelines instructing eateries to prominently display the date and time of preparation on the packaging of food items.

Cause Title: Shihad M.P. v. The State of Kerala and Anr. (SLP (Cri.) Nos. 16238-16240/2023)