Thread by @barandbench

Delhi High Court to continue hearing anticipatory bail plea by Navneet Kalra in oxygen concentrator black marketing case.

Hearing scheduled to begin at 12 noon before Justice Subramonium Prasad.

#NavneetKalra #OxygenConcentrator

@DelhiPolice

Yesterday, the Delhi High Court asked Navneet Kalra why he was storing 105 oxygen concentrators if he was neither an importer nor a manufacturer.

#NavneetKalra

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Senior Adv Abhishek Manu Singhvi argued that media was baying for Kalra's blood and that in the absence of a govt order capping the price of oxygen concentrators, Kalra could not be said to selling his stock at an exorbitant price.

#NavneetKalra

On the other hand, Additional Solicitor General SV Raju argued that the present instance of was a clear case of black marketing.

#NavneetKalra

@DelhiPolice

Judge joins.

I'm requesting that the matter be kept on Tuesday. There are a lot of developments. There are she'll companies: ASG Raju

#NavneetKalra

Point taken. Let D Singhvi join: Court

I'm opposing interim relief: Raju

#NavneetKalra

There are 200+ participants. Senior Adv Mohit Mathur asks people to leave so that Senior Adv Abhishek Manu Singhvi can join.

Court asks Mathur to give names of those who can be removed from the meeting.

Access to justice.. Mr Raju should support my plea : Singhvi joins.

Court asks Singhvi to argue on a certain notification.

I've found material answering the court's query : Singhvi

The effort of prosecutor is not to prove a person guilty by hook or crook.. it shouldn't be that anticipatory bail plea is made infructuous: Singhvi

Singhvi says Delhi Police officials are visiting the houses of Kalra's relatives.

I'm not saying Mr Raju knows.. : Singhvi

This is a matter he mentioned yesterday.. again next day a holiday and matter is kept... he's not such a mighty person.. : Raju

#NavneetKalra

Matter was heard yesterday at 7 pm beyond court hours.. what is so great in an anticipatory bail.. : Raju

#NavneetKalra

I'm objecting strongly to attempts...Mr Raju has come with fresh instructions.. court shoulders are meant to be broad and are broad.. Magistrates hear cases on Sundays. Does Surpreme Court sit it Sunday or not. Such attempts to embarass on instructions.. : Singhvi

#NavneetKalra

This is not with respect to what I said yesterday.. this is an open and shut case of harassment: Singhvi

#NavneetKalra

The principle focus was on EC Act and Sec 420.. now there is conclusive proof that Mr friend did not fix the MRP.. turn to my additional material. I'm only on MRP...: Singhvi

#NavneetKalra

DPCO was on Essential commodities Act (EC Act) ...: Singhvi takes the court through the DPCO.

#NavneetKalra

It might be a drug but not a scheduled formulation.. : Court

This is an additional point in my favour : Singhvi

#NavneetKalra

The debate is no of oxygen concentrators..you found stickers (showing MRP). The question is whether there is violation of para 20 : Court

Mr Jethmalani whom I tweeted today..used to say..this is the best response to Mr Raju (that GHCBA has decided against representing alleged black marketer) .. : Singhvi

Raju objects to Singhvi arguing.

I've not even begun.. he's arguing on what I said : Raju

#NavneetKalra

He's arguing everything.. there has to be a check : Raju

I hope this procedural point is not Mr Raju's best point : Singhvi

#NavneetKalra

Court comes back to the issue of violation of DPCO.

Singhvi continues to explain the DPCO.

It can't be that Oxygen concentrators are drugs for some purposes and not for others...I argued that with prejudice assumption that concentrator is in ambit of drugs : Singhvi

An FIR is there and investigation is on..we are at that stage :Court

I'm just going to show a SC judgement that you can't have an FIR under Drugs and Cosmetics Act.. court may keep that aside : Singhvi

#NavneetKalra

Let me answer EC Act. Is there anywhere on this planet an order under Section 3(1).. can the court treat page 88 as order under 3(1).. it can't be .. under the DPSO, you have power to fix ... The act of monitoring is after you fix. : Singhvi

There can't be punishment before you fix.. : Singhvi

#NavneetKalra

Different manufacturers have different MRPs.. what is the govt trying to monitor is that the manufacturer doens't increase MRP by over 10% .. : Singhvi

What the MRP : Court

What the manufacturer or the importer fixes : Singhvi

#NavneetKalra

Court questions Singhvi on DPCO.

Singhvi explains the scheme of DPCO.

In normal times you follow 2d, 2r.. in extra ordinary times you follow 19.. 20 is merely a monitoring power : Singhvi

It is very harmonious.. it (increasing the price by 10%) is not something that would sustain this FIR : Singhvi

Consequence of increasing the price by over 10% is provided here and it not what my friend..the idea is to regulate the level of swimming pool : Singhvi

#NavneetKalra

The fact that DPCO order asks that you give the price.. does it take away violation of 3 that is given in 7 : Court

The court is not interpreting the Act finally.. this is a case of anticipatory bail : Singhvi

This is not a regular bail after they were arrested.. investigation is on.. the issue is to grant you anticipatory bail and impede investigation..: Court

#NavneetKalra

The whole point of hearing the case yesterday was to avoid question of temporarily impeding the investigation: Court

#NavneetKalra

Court says trial court order said that spurious and inferior concentrators were sold at a higher price.

I'm not touching inferior quality issue.. we've gone through EC Act.. maximum charge here is you have charged more. It is not clearly spelt out in FIR..it is not an offence that can't be investigated without my arrest : Singhvi

#NavneetKalra

When over charging is the issue, is arrest the correct form? Can you arrest? If course you may. Should you arrest is the question. Answer should be in my favour: Singhvi

#NavneetKalra

I'm still of the opinion whether EC Act should be given a go by for DPCO violation order : Court

#NavneetKalra

Singhvi argues on the scheme of DPCO.

Is this case the case to arrest..? Is the criminal court supposed to balance of not.. you are catching me on overpricing when you have not fixed the price : Singhvi

#NavneetKalra

This is on the assumption that the 10% rule applies. I'm objecting to it : Singhvi

Singhvi refers to a Surpreme Court judgement.

You can have it on rejoinder : Court

The (Drug) Act has been held to be non maintainable against me : Singhvi

It directly holds that Police can't file FIR, arrest on Chapter 7, DC Act. Only person who can act is the Drug inspector.. and has to file a private complaint.. only he can conduct search and seizure also: Singhvi

#NavneetKalra

To prejudice, the Court is being told that they were sub standard: Singhvi

#OxygenConcentrator
#NavneetKalra

Total is 105 machines...: Singhvi

How many have you sold : Court

I'll have to find : Singhvi

7k were imported: Raju

#OxygenConcentrator

Some machines I gave to Police.. some machines were donated by State to COVID centres.. now I hope my friend doesn't want to be prosecuted for donating sub standard machines: Singhvi

#NavneetKalra

All oxygen concentrators.. nobody gives 100%. It can give 60-70%.. oxygen concentrator doesn't work under ideal conditions..it is a paradigm. Everyone knows : Singhvi

#NavneetKalra

There's no 30% anywhere: Singhvi

Now State wants time to give reply till Tuesday.. question is whether to have it Monday or.. : Court

Let me finish..there is nothing on my letterhead to say it is German : Singhvi

#NavneetKalra

Investigation is an a nascent stage.. question is interim protection or not : Court

#NavneetKalra

It is not a matter that requires specialised matter. My today and his Tuesday should end on Monday : Singhvi

#NavneetKalra

It is only fair that the matter is not made infructuous till Monday ... I'm not in a begging game here. I'm on my right : Singhvi

#NavneetKalra

Interim protection should be there: Singhvi

#NavneetKalra

Raju says he is in difficulty on Monday.

Tuesday. 10:30 am : Court

#NavneetKalra

Singhvi presses for interim protection.

I'm persuaded by trial court.. interim protection can't be given right now : Court

#NavneetKalra

Hearing adjourned till May 18.

No interim protection to Navneet Kalra by Delhi High Court.

#NavneetKalra #DelhiHighCourt

@DelhiPolice

Delhi High Court declines to grant interim protection to Navneet Kalra; Anticipatory Bail plea to be heard on May 18

report by @aditi2118

#NavneetKalra #DelhiHighCourt

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