New Delhi [India], May 12 (ANI): A Delhi court on Wednesday said that it will pronounce order on the anticipatory bail plea of Navneet Kalra tomorrow, in connection with a case relating to the hoarding of oxygen concentrators in a restaurant in South Delhi.
Additional Sessions Judge Sandeep Garg reserved the order after hearing for counsels of both sides for hours.
The Crime Branch of Delhi Police has opposed the anticipatory bail plea of Kalra in the case.
Public Prosecutor Atul Shrivastava, appearing for Delhi Police's Crime Branch told the Delhi court that custodial interrogation of Navneet Kalra is required for investigation in connection with a case relating to the hoarding of oxygen concentrators in a restaurant in South Delhi and urged the Delhi Court to dismiss his anticipatory bail plea.
Public Prosecutor Atul Shrivastava, appearing for Delhi Police's Crime Branch told the Delhi Court that Kalra is the main accused and his arrest will serve many purposes in the investigation. He also said that the police remand is required to unearth the conspiracy.
Prosecutor Shrivastava said that all accused entered into a criminal conspiracy to use the pandemic time to earn a wrongful gain.
The Public Prosecutor that Navneet Kalra is an influential person and his anticipatory bail should not be entertained by the Court. He also questioned the complaint made by Kalra and said there is no police station named on Chhatarpur and also there is no such complaint received by Fatehpur Police Station from Kalra.
Atul Shrivastava, opposing anticipatory bail, told the Delhi Court that so many things were flooded prior to this FIR, as they have given brochures showing premium portable oxygen concentrators and they used the word premium.
Prosecutor Srivastava said that report from the Sri Ram lab is awaited and once the report came then observing the quality of the brand, they may add other offences in the FIR.
He also told the Court that Matrix is not importing oxygen concentrators but the import was done by Classic Metal and Spice Healthcare. He also told that Kalra has not filed any document to show how he came in contact with them.
The Court pointed out not mentioning the two companies by Delhi Police in its reply filed against Kalra's anticipatory bail plea.
Prosecutor Shrivastava told the Court that he has just now received instructions and therefore the police need his custodial interrogation. Prosecutor also informed the court about the WhatsApp chat between Kalra and the user.
Prosecutor also submitted that medical devices also came under drugs as they save lives.
Senior Advocate Vikas Pahwa, appearing for Navneet Kalra, urged fair investigation and trial. He also told the court that the goods were cleared by Customs who was also aware of the transaction and even GST was aware of the transaction. He said that all transactions were done through proper banking channels. He also told the court that there is no offence as all transactions were transparent.
Vikas Pahwa also said that people including police officials have purchased from them for emergency use. He also told the court there is no fixed price till date and no notification and no office memorandum which fixed the price of an oxygen concentrator.
Senior Advocate Pahwa also apprised the court that the price of every oxygen concentrator is different, which depends on the quality of equipment. Pahwa said as per the Essential Commodities Act, there is nothing specific about oxygen concentrators as part of essential commodities.
The senior advocate also cited the Supreme Court order on decongestion of jail in wake of pandemic and said that arrest during the pandemic is restricted by the courts.
Senior Advocate Pahwa said that where is the question of black marketing as there was nothing like hoarding in this matter. He also told the Court that his client was made a scapegoat to divert the attention of the public from core issues.
Pahwa informed the Court till date MRP was not fixed as per norms of the drug price control order.
Senior Advocate Pahwa that the police cannot rely on social media and sought my custodial interrogation and there is complete ignorance of the process of law. He asked if this way the criminal justice work based on social media posts that alleged that Navneet Kalra did not supply or sold faulty equipment.
He said that since they have not fixed price or indicate any price so that they cannot say anything on exorbitant prices.
Advocate Vineet Malhotra, representing Kalra in the matter also apprised the Delhi Court that when the Delhi High Court has asked the Central Government to examine the aspect of fixing profit margins for oxygen concentrators.
Senior Advocate Pahwa also told the Delhi Court that about the complaint filed by Karla after receiving a threat from a person who wanted to take Oxygen concentrators and to sell the third party for a huge profit.
He also told Court that Kalra has recovered from COVID-19 after undergoing surgery. Kalra has himself informed the police about his complaint, he told the Court.
Senior Advocate Pahwa told the Court that there is no offence while doing business of life-saving drugs and opined that the case should be closed as the price of the equipment was not fixed by the government. He assured the Court that he will co-operate in the investigation and give whatever required in the investigation.
Delhi Police has registered a case under various offences dealing with cheating, disobedience to order promulgated by a public servant, criminal conspiracy, and violating provisions of Essential Commodities Act, 1955 followed by seizing of oxygen Concentrators from restaurants in South Delhi.
The police had busted oxygen concentrators' black-marketing racket during a raid and recovered 105 concentrators from two upscale restaurants in the Khan Market area. (ANI)