Delhi High Court Refuses To Grant Interim Protection To Navneet Kalra In Oxygen Concentrators Hoarding Case; Adjourns Hearing Till Tuesday

The Delhi High Court on Friday refused to grant interim protection from arrest to businessman Navneet Kalra, accused in connection with the recovery and seizure of Oxygen Concentrators by the Delhi Police recently from the 'Khan Chacha' cafe under his ownership recently.

A single judge bench comprising of Justice Subramonium Prasad turned down the request of Senior Advocate Abhishek Singhvi for interim protection after Additional Solicitor General SV Raju sought time to file reply in the matter.

At the request of ASG, the matter was posted for further hearing on Tuesday. While requesting the court for an adjournment, he submitted that he is opposing any interim relief.

"I'm persuaded by the trial court's order. Interim protection cannot be given at this stage",the Court said

During the course of hearing today, Singhvi argued that punishment cannot be given to a person before fixation of price of an essential commodity.

He stated that for such a purpose, an order under Section 3(1) of Essential Commodities Act is a must and that the act of monitoring such a price comes after MRP is fixed.

On the other hand, ASG Raju apprised the Court that around 7,000 oxygen Concentrators machines were imported by Kalra.

Singhvi argued that some machines were sold to Police Officers and some were donated to covid care centres.

"I hope my friend doesn't want to prosecute me for donating sub standard machines." Singhvi submitted at the outset.

Singhvi further argued that it is not the job of the police to try and prove the Anticipatory Bail to be infructuous before the court and that they have found today morning at the break of the dawn, that Delhi Police's SI with others were visiting the house of Kalra's relatives.

"They are visiting the house of brother in law of the accused. His father in law is separately being paid courtesy calls. The job of the police, influenced by the press, is not this. Today morning SI goes there, Mr. Raju is now asking for time." Singhvi argued. 

ASG Raju objected to Mr Singhvi's allegations and asked the Court why is such a preference given to him. 

"It cannot be that the matter is adjourned and the lordships is not informed about what is happening." Singhvi responded 

Singhvi further argued that in order to cause prejudice, the Court is being told that the oxygen concentrators were of a "sub standard quality".

During the course of hearing yesterday, the Court questioned Navneet Kalra as to in what capacity was he holding 105 oxygen Concentrators when the same can be done only via valid licenses.

"If you say you are neither an importer nor a manufacturer, under what capacity you were holding 105 Concentrators? Do you have the ability to have these Concentrators without a license? If they are drugs, then they can be sold and manufactured through valid licenses", the Court orally remarked.

Denying the allegations of black marketing and Hoarding, Singhvi submitted before the Court that the oxygen concentrators were purchased by the importer namely Matrix Services Limited and that the same was done through proper legal channels including GST payments.

A Delhi Court yesterday refused to grant anticipatory bail to businessman Navneet Kalra accused in connection with the recovery and seizure of Oxygen Concentrators by the Delhi Police recently.

Additional Sessions Judge Sandeep Garg dismissed the application of anticipatory bail filed by Kalra.

The Delhi Police had registered a case under sec. 420,188,120B,34 of the Indian Penal Code and sec. 3 and 7 of the Essential Commodity Act 1955 for recovery of over 500 oxygen Concentrators from some restaurants in the national capital. The case has been transferred to the Crime Branch.

The Court had reserved orders in the bail plea after hearing at length Senior Advocate Vikas Pahwa and Advocate Vineet Malhotra appearing for Kalra and Public Prosecutor Atul Shrivastava for the State.

Edited by Nupur Thapliyal and Srishti Ojha