NAVNEET KALRA OXYGEN CONCENTRATOR HOARDING CASE
INTRODUCTION
In the midst of the cataclysmic pandemic, cases of black marketing and hoarding of oxygen cylinders and concentrators has been on a rise. While India is registering an alarming rate of deaths, the incident of shortages of medical equipment and supplies including medicines and oxygen concentrators has further ravaged the health infrastructure bringing the country in a state of inertia.
Recently, Navneet Kalra, the owner of series of food joints including Khan Chacha, Mr. Choy and Town Hall, was accused of hoarding and black marketing of oxygen concentrators. While the case is being tried in the court, the questions as to the grounds of morality has been raised by the society time and again. In such distressing times, when humanity is the only hope of survival, can such offences be looked upon with leniency?
ABOUT THE CASE
With the second wave of COVID-19, the demand for medical equipments were in high demand. Amidst the surrounding bewilderment, an FIR was registered on May 5 2021, against Navneet Kalra under Section 420 (cheating), 188 (disobedience to order promulgated by public servant), 120-B (criminal conspiracy) and 34 (common intention) of the Indian Penal Code, Essential Commodities Act and Epidemic Diseases Act. For a long time Navneet avoided the arrest but was later taken under police custody.
On investigation by the Delhi Police, 524 oxygen concentrators were confiscated on May 7 2021, which were found while raiding offices and restaurants owned by Kalra in Delhi’s Khan Market, Lodhi Colony and Chhattarpur areas. Post this seizure, Kalra was found absconding the arrest. Initially the concentrators were recovered from Nege & Ju owned by Kalra, who is also associated with Dayal Opticals and Mr Choy. Delhi Police found the restobar open and spotted suspicious activity inside. They found a person sitting with a laptop and taking orders for oxygen concentrators through an online portal. Upon searching, 32 oxygen concentrators of 9-litre and 5-litre capacities were found.
Further investigation by the Delhi Police bought some new facts to the limelight. During the investigation, it was found that Matrix Cellular Services, an international SIM company, had allegedly bought over 7,000 machines from local vendors and Chinese companies and sold them at “exorbitant rates” to Covid-19 patients and their families. The police have alleged that Kalra worked and his friend Gagan Duggal, the owner of Matrix Cellular Services, sold the equipment. Police claimed said the accused imported the equipment at a cost of Rs 16,000 to Rs 22,000 each and sold it for Rs 70,000.
As a result of these investigations four co-accused were arrested by the police namely- Hitesh Prakash, Gaurav Singh, Satish Sethi and Vikrant Singh.
Followed by this, on May 16 2021, Navneet Kalra was arrested from his brother-in law’s farmhouse in Gurugram. Kalra had been evading arrest for a long time and has been absconding.
JUDICIAL PROCEEDINGS
Initially, anticipatory bail applications were filed by Kalra which were rejected by both Sessions Court as well as Delhi High Court. Kalra filed for interim protection from arrest. Vikas Pahwa representing Kalra’s counsel contended that there was no offence prevalent on the face as all the transactions were channels and took lace through certified channels only. He also told the court that the goods were cleared by Customs who was also aware of the transaction & even GST was aware of the transaction. Further, he tols the court that even police officers have purchased oxygen concentrators from him and that there was no such compliant. As far as fixation of price of oxygen concentrators was concerned, Pahwa claimed that no such notification to this affect was made and that the price of every oxygen concentrator is different, which depends on the quality of equipment. Senior Advocate Pahwa said that where is the question of black marketing as there was nothing like hoarding in this matter. He also told the Court that his client was made a scapegoat to divert the attention of the public from core issues. He further contended that there is no offence while doing business of life-saving drugs & opined that the case should be closed as the price of the equipment was not fixed by the government. He assured the Court that he will co-operate in the investigation & give whatever required in the investigation.
On the other hand, Public Prosecutor Atul Srivastava, opposing the anticipatory bail application contended that, custodial interrogation of Navneet Kalra is required for investigation in connection with a case relating to the hoarding of oxygen concentrators in a restaurant in South Delhi and urged the Delhi Court to dismiss his anticipatory bail plea. He told the court that Kalra is the main accused & his arrest will serve many purposes in the investigation. He also said that the Police remand is required to unearth the conspiracy. Navneet Kalra is an influential person & his anticipatory bail should not be entertained by the Court.
This was followed by refusal or denial of interim protection to Navneet Kalra. He then approached the Delhi High Court for protection against arrest. The High Court of Delhi refused to provide interim protection from arrest to Navneet Kalra. The Single-Judge Bench of Justice Subramonium Prasad also posted the matter for further hearing on May 18 after Additional Solicitor General (ASG) SV Raju appearing for the Delhi police sought time to file reply & argue in the case.
Justice Subramonium Prasad stated that “I am persuaded by the reasons given by the trial court which is a valid ground for me not to grant any interim protection now,”
On May 17 after the arrest of Navneet Kalra, the court sent him to three-days police custody. The Court said it is of the view that custodial interrogation of the accused is required for recovery of electronic devices used for the purpose of the commission of alleged offenses, to recover the remaining oxygen concentrators, to identify the other victims exploited by him.
The Court further observed that Kalra’s custodial interrogation is required for a detailed investigation regarding his involvement, financial transactions, co-accused associates involved in the present case, connections with Matrix & Classic Metals as well as the manner of procurement of oxygen concentrators.
After much acclaims on the custody of Kalra, the court on May 29 granted bail to Navneet Klara. Chief Metropolitan Magistrate Arun Kumar Garg pronounced the order after hearing Senior Advocate Vikas Pahwa and Advocate Vineet Malhotra appearing for Navneet Kalra and APP Atul Shrivastava appearing for the Prosecution. Court has granted bail to Kalra subject to furnishing of personal bond of two sureties each of Rs. 1 lakh. Furthermore, the Court has also imposed additional conditions on Kalra not to contact the customers to whom he had sold the concentrators, not to tamper with evidence or influence the witnesses and that he will join the investigation whenever required.
CMM observed that “Apparently accused is having clean antecedents, in as much as, no previous involvement of the accused in any criminal case has been reported. No purpose will be served by keeping the accused behind bars”. Further, the judge stated that there is no material supporting the bald averment of the prosecution that Kalra may influence the witnesses.
Since all the relevant documents have already been seized from Kalra’s possession, there is no substance in the plea of the state that the accused may tamper with the evidence, the 23-page court order stated.
CONCLUSION
The fact that such grave offence has been committed against the society at large, cannot be treated with leniency. The very duty of the law is to protect the sanctity of the society. Considering the entire case hoarding case against Navneet Klara, the application of law should be aptly construed and justice should be served accordingly. “Fair trial” along with “fairness in trial” are the essentials for the equitable justice to be served.
By-
Somya Jain
Student Reporter, INBA