"No Question Of Black Marketing When Government Has Not Fixed MRP": Navneet Kalra Submits, Delhi Court Reserves Order In His Anticipatory Bail Plea

A Delhi Court on Wednesday reserved orders in the anticipatory bail plea filed by businessman Navneet Kalra accused in connection with the recovery and seizure of Oxygen Concentrators by the Delhi Police recently.

Additional Sessions Judge Sandeep Garg reserved the orders for tomorrow after hearing Senior Advocate Vikas Pahwa and Advocate Vineet Malhotra appearing for Kalra and Public Prosecutor Atul Shrivastava for the State. The Court will be pronouncing the order tomorrow at 10 AM.

During the course of hearing today, Senior Advocate Pahwa submitted before the Court that the arrest was effected in a mala fide manner by the Delhi Police and that as the Government has not regulated or fixed the MRP for oxygen concentrators, selling the same in an open market will not amount to black marketing.

It was also submitted by Pahwa that since the offences involving in the FIR involves punishment for less than 7 years, the Anticipatory bail must be granted to Kalra in view of the recent decision of the High Powered Committee constituted by the Delhi High Court for decongesting prisons and also in view of the Supreme Court directions following the Arnesh Kumar guidelines.

"When custom authorities of the government approves the transactions, that means they are aware about the same. The invoices are given and returns are filed so the GST department is also aware of it." Pahwa argued at the outset.

Moreover, Pahwa also submitted that "Who decides it is sold on exorbitant price? There is no MRP fixed by the government till date. So how will one decide it's an exorbitant price? In this case there is no notification which fixes price of oxygen Concentrators."

Highlighting that the transactions were effected through proper banking channels, Pahwa submitted that GST was paid by Matrix and that such transactions were all legitimate.

"It's a case which has been registered and investigated only to divert the attention of people. My photos are circulated on social media. It was all deliberately done. I am surprised that why an independent investigation is not conducted." Pahwa submitted.

Relying on the Pahwa Drugs Price Control Order 2013, Pahwa further submitted that In June 2020, when the Country was in the middle of the pandemic, an effort was made by the Government of India to regulate the MRP in terms of Drugs Price Control Order 2013, however, the same has not been fixed by the Government till date.

"I will demonstrate that there is no order under sec. 2 and 3 of the Essential Commodities Act till date. They are not essential commodities. They are saying that we have not informed about the MRP. I say, the government has not fixed the MRP till date." Pahwa argued at the outset.

During the course of hearing, the Court was apprised by Pahwa that a complaint was filed by Kalra few days prior to the arrest alleging that he was being threatened. In view of this, Pahwa submitted thus:

"Three days prior to the raid while I'm in the Hospital, I inform the police that this is the person trying to harass us because he is using this for black marketing. I am making a complaint and I am being held responsible today. It was a task undertaken for the purpose helping people. I am not asking for quashing of FIR. I am only saying is the custodial interrogation required when I myself had filed a complaint for black marketing."

"Where is the mala fide? Where is the criminal intent to cheat in this case which is required under sec. 420 IPC? What I have argued today, I dont get the right of audience. They should not arrest me and then investigate." Argued Pahwa while concluding the submissions.

On the other hand, Public Prosecutor Atul Shrivastava submitted that since Kalra is an influential person, granting him anticipatory bail in the matter would not be suitable and that police custody must be granted to them so that the investigating agency can ask relevant questions as regards to the alleged black marketing.

"There is no selling price fixed. But the price they have quoted is their own thing. Government has invited you to quote your rate so that they can be regularised. It's exactly like how an Act is made. Prior to declaring the price, they invite others. They gave time of 10 days in June 2020. But they are charging people 70,000." PP argued.

Furthermore, it was also submitted by Shrivastava thus:

"As per IPC, this is a wrongful gain. What you have given to other person under a belief that it is sufficient for two persons whereas its not even enough for one person. Can we expect each and everything at such an initial stage of investigation? Specially in Covid."

During the course of hearing, a report from Shri Ram Laboratory was received by the Prosecution to which samples of oxygen Concentrators seized were sent for the purpose of their testing.

Highlighting that the report so recieved showed that the Concentration was found 20.8% in the sample, PP argued thus:

"Is it not an inducement? We need custodial interrogation. Entire society is watching it. They are on their toes. This anticipatory bail application be please dismissed and allow us to ensure not only this court but also the society to prove our case."

In view of the aforesaid submissions, the Court reserved the order and adjourned the case for pronouncement of order tomorrow at 10 AM.

Yesterday, Additional Sessions Judge Sumit Dass refused to grant interim relief or protection against arrest to Kalra and sent the case to the District Judge for deciding jurisdiction of the matter.

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 last week.