October 24, 07:51 AM 
514 Chai Chee Lane 03-16, Singapore 469029 A restaurant owner was acquitted by a district court yesterday based on a technicality.
Rakesh Kumar, 50, was accused of passing off beef as mutton in his restaurants. The offences were committed on Oct 17 last year at the Khansama and Jungle Tandoor restaurants in Serangoon Road.
However, he was awarded a discharge amounting to an acquittal as he could not be charged.
His lawyer, Nirmal Singh had successfully argued that the charges were invalid as the law stipulated that Kumar should have been charged no later than 56 days after the food was seized.
The summonses against Kumar were issued only in January this year. The deadline was on Dec 11.
The National Environment Agency had maintained that the 56-day time period applied only to the laboratory testing of the seized food, which had been done on the same day.
Implications
Singh said the decision to grant Kumar a discharge amounting to an acquittal might have implications on previous cases.
These are cases in which guilty pleas were entered and fines imposed even though they breached the 56-day restriction.
Convictions might have to be set aside and paid fines returned.
The NEA prosecutor said at a previous hearing last month that they wished to consult the Attorney-General's Chambers.
However, it is still not known how serious are the implications for this acquittal.
Both the Khansama and Jungle Tandoor restaurants are known to be Indian restaurants, where mutton is served instead of beef due to strict dietary restrictions.
Top photo from here
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