Oxygen Concentrators Hoarding Case: Delhi Court refuses pre-arrest bail to Navneet Kalra

Delhi's Saket Court on Thursday refused to grant pre-arrest bail to Navneet Kalra, who is on the run as the Delhi Police is chasing him in a case relating to hoarding of oxygen concentrators. Additional Sessions Judge Sandeep Garg passed the order. He had reserved his order on Wednesday after hearing the matter at length. Senior Advocate Vikas Pahwa representing Kalra told the court that proper process was followed while importing the concentrators.

"GST was paid and customs also have knowledge of all these transactions. All transactions are through banking channels," Pahwa argued. He argued, "We are helping people by importing these goods. Concentrators are not cosmetics, it is used when someone is medically unfit and dying."

The senior advocate submitted before the court that no offence is made out against his client. "Essential Commodities Act is totally out of this FIR...Other sections are bailable. The only non-bailable offence is 420 IPC and the same is not made out," he said. Pahwa also pointed out the complaint filed by Kalra regarding the black marketing of concentrators by some other people prior to his arrest. He further went on to say, "It was a task undertaken for the purpose of helping people. I'm not asking for quashing, I am just saying custodial interrogation is not required." Pahwa said that goods were properly imported, and no complaint was made by anyone.

Opposing the arguments made by Pahwa, Additional Public Prosecutor Atul Srivastava told the court that people were fighting with their lives on deathbeds and were in need of oxygen.

"At such a time they trusted this man. An application has been used and this is some sort of inducement....they cheated people at large," Srivastava said. "Prior to the lodging of FIR, it was flooded that oxygen Concentrators are available. Price quoted is 27,999 and they have used the word Premium which means it's of good quality," he added.

Srivastava further submitted that this is a kind of white-collar crime. "He should not be given anticipatory or regular bail. In this case also, crores of rupees they have already made." "You have put persons to wrongful loss. We don't just have rights but duties also. Till date, he (Kalra) has not provided anything. He has gone away with his whole family," he said. Senior Advocate Vikas Pahwa intervened and said, if a fair opportunity is provided, my client can join the investigation in two hours with his cell phone."

On Pahwa's statement, Srivastava responded, "It means he is a person who is influential and is hiding somewhere." Public Prosecutor also shared lab report of the seized concentrators and told the court that concentrators seized from Kalra's premises had a working capacity of 20%. Concluding his arguments, Pahwa said, "As far as I am concerned, they want to arrest. This is a mala fide arrest. I was framed ultimately. Protect me today and see my conduct."

(Image Credits: @NAVNEETKALRA16/INSTA/PTI)