Breaking: Delhi Oxygen Concentrators Hoarding Case: Delhi Court Rejects Anticipatory Bail Plea Of Navneet Kalra

A Delhi Court on Thursday 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 yesterday 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.

During the course of hearing yesterday, 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.

On the other hand, it was the case of the prosecution 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.

"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." submitted PP Atul Shrivastava.

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