Supreme Court Issues Notice On Matrix Cellular's Plea For Release Of Oxygen Concentrators Seized By Delhi Police

The Supreme Court on Tuesday issued notice in plea by Matrix Cellular Limited against Delhi High Court's order denying relief in its plea seeking immediate release of its oxygen Concentrators seized by Delhi Police.

Matrix Cellular's oxygen Concentrators were seized by Delhi Police after observing that the said items were "found under suspicious circumstances"

A Division Bench of Justice RF Nariman, Justice BR Gavai and Justice KM Joseph issued notice returnable in three weeks after hearing submissions made by Senior Advocate Mukul Rohatgi appearing for the petitioner.

"I am importing by paying duty, I am selling with GST, all GST returns have been filed, i have fixed my one price." Senior Counsel Rohatgi said.

The Bench however asked "Where is this contention taken, that the price has not been notified?"

Mr Rohatgi further argued that "The High Court's order is more out of emotion and circumstances. They are saying you are doing black marketing and Division Bench of the same High Court is monitoring Covid matters. Hoarding will be if only there is a price, if there's no price, there can be no black marketing."

Matrix Cellular in its plea has argued that the High Court's order is liable to be set aside as despite recognising that the investigation into the matter was at a preliminary stage, the impugned order proceeds to make broad sweeping and unwarranted observations about the petitioner's alleged role in hoarding of oxygen concentrators.

According to the petitioner, the statements made are patently erroneous and have been made without any appreciation of the facts of the present matter, such as the finding that the petitioner was engaged in selling the oxygen concentrators at exorbitant prices in contravention of applicable laws by making false representations to the public.

The plea filed by Adv Azmat Hayat Amanullah and drawn by Advocate Samudra Sarangi has argued that Delhi Police conducted itself in an extremely high-handed and unlawful manner by not only illegally seizing the property of the Petitioner on false and scurrilous grounds but in also proceeding to immediately dispose of the said seized goods

"Such blatant disregard for the Petitioner's rights on the part of the Respondent appears to be in line with conduct of authorities in a police state rather than in a country governed by the principles of natural justice and the principles enshrined in the Constitution of India and the Code of Criminal Procedure, 1973 and cannot be allowed to be sustained." the plea has said.

Petitioner Submissions Regarding Oxygen Concentrators:

The petitioner has made following submissions with regards the seized oxygen concentrators, while arguing that no question of any black marketing / hoarding or any illegal activity on part of the Petitioner can possibly be alleged to arise.

• The oxygen concentrators had been acquired and imported from various third parties through proper legal channels.

• All applicable import duty and GST been paid in relation to the seized oxygen concentrators and related equipment.

• Petitioner also had all documents (invoices, bank statements, etc.) to unequivocally establish that they were acquired legitimately

• The sale of the oxygen concentrators were being conducted online or through corporate bulk sales, against valid receipts, and transactions in relation to the same were all done through proper banking channels.