In The Case Of Hoarding Oxygen Concentrators, A Delhi Court Grants Bail To Businessman Navneet Kalra

WHO IS NAVNEET KALRA

• He is a restaurateur and a businessman.
• He was arrested on May 17, 2021 for hoarding 524 oxygen concentrators at Khan Chacha, Town Hall, and Nege and Ju.
• He was arrested for black marketing the said cylinders and selling them at extremely high prices.

WHAT WERE THE CHARGES AGAINST HIM

• On May 5, 2021, a case was registered against him on the following grounds:
• Section 420 (cheating)
• Section 120-B (criminal conspiracy)
• Section 34 (common intention) of the Indian Penal Code, and the Essential Commodities Act and the Epidemic Diseases Act.

CURRENT SCENARIO OF THE CASE

• He has been granted bail by Chief Magistrate Arun Kumar Garg.
• All important and necessary documents were seized from his possession so there was no chance of tampering, as apprehended by the State’s counsel.
• There were no criminal antecedents of the accused.
• The accused had to furnish 2 surety bonds and a personal bond of Rupees 1 Lakh each.
• The case was to be further investigated by the Delhi Police Crime Branch.
• The accused is in judicial custody till June 3, 2021.
• Kalra has been instructed not to contact customers, tamper with evidence, influence witnesses and join the investigation as and when called by the Police.

ARGUMENTS OF THE STATE COUNSEL

• APP Atul Srivastava alleged that Kalra had committed a white collar crime.
• He had no business selling oxygen concentrators at such high prices and has ruined the name of the society, hence should not be granted bail.
• He was cheating customers by selling poor quality oxygen concentrators, not saving them or doing charity as it was being sold at exorbitantly high prices at a time of crisis.
• He had been selling China-made goods while claiming them to be of German quality.
• The flow of the cylinders was below 35% and not suitable for COVID 19 treatment.
• Cylinders worth Rupees 16,000-20,000 were being sold at Rupees 50,000-70,000 to needy people on their deathbeds.

COUNTER ARGUMENTS

• Kalra was represented by Senior Advocate Vikas Pahwa who claimed that his client was being made a scapegoat as there was no criminal intent to cheat anybody.
• Cylinders sold to help family members and friends.
• He cannot be kept in pre-trial detention.
• Moreover, he had sold them for Rupees 60,000 whereas E-Commerce websites were selling them for Rupees 89,000-95,000.

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