Thread by @barandbench

Delhi Court will today hear businessman Navneet Kalra's bail plea in oxygen concentrators black marketing case.

#NavneetKalra #COVID19
#OxygenConcentrator

@DelhiPolice

Hearing before CMM Arun Kumar Garg.

APP Atul Srivastava says hearing take place after 2 days.

I'm not giving time. Let them argue first: Court

#NavneetKalra

If I don't have power, I will dismiss the bail plea. Request for adjournment is declined : Court

#NavneetKalra

All counsel make submissions at the same time.

I've to invoke 317. I've muted everyone. I'll pass an order for removal from courtroom: Court

Argument I'm hearing on behalf on accused first. Then you will reply. Then rebuttal: Court

#NavneetKalra

Senior Adv Vikas Pahwa appears for Navneet Kalra : for 12 days my company dealt with oxygen concentrators.

At least to 10 customers you've sold at price more than 10k. In previous orders, I've said it is drug, DPCO order is applicable to it. : Court

#NavneetKalra

Now oxygen concentrators are definitely drugs. Once it is drug, NPPA, which you are saying can't issue notification, I don't find favour : Court

#NavneetKalra

Now there is 2013 order delegating power to NPPA.. power on centre is conferred to NPPA. Section 22 power were also conferred in 2016. In 2020, order confers power under sec 3 also. The only that they don't have is to include drugs in schedule: Court

#NavneetKalra

My reading is that oxygen concentrators are drugs under DPCO.. for drugs in schedule, NPPA has power to fix ceiling price.. else manufacturer is free to fix price. In previous bail orders, there was nothing to show that sale was beyond MRP. In your case, sale is beyond MRP: Court

There are admittedly 10 that you sold beyond the MRP. You may say it was against warranty but it is a matter of trial.. prima facie, in your case the offence punishable is with 7 years. Section 7 is applicable: Court

#NavneetKalra

For Section 420 IPC, they are relying on three reports from AIIMS, Sriram lab and special task force of GOI.. the flow rate is 32-38% as opposed to WHO's 82-90%. They are saying during pandemic you are selling concentrators..there are 21 complaints: Court

#NavneetKalra

When you are selling concentrators as medical devices.. when entire world was looking for concentrators, you couldn't have sold devices not in compliance with WHO. You should have known the purpose and made disclosure that it was not for medical use : Court

#NavneetKalra

They say you didn't disclose on Matrix app that it was not for medical use as per AIIMS etc and it was useless... that's how you have cheated people: Court

#NavneetKalra

I'm trying to contain their arguments. This is what is the substance. So that you don't say you granted bail before..There is a change in circumstances : Court

#NavneetKalra

In those orders, there were no non bailable offences made out on the material. Oxygen concentrators were under essential commodities but there were no regulation for lack of addition in schedule and there was no sale beyond MRP: Court

#DelhiHighCourt

In your case, they are non bailable: Court

#DelhiHighCourt

There is a specific exception in HPC guidelines on release in Essential commodities cases: APP Srivastava

#NavneetKalra

HPC takes care of release without going into merit: Pahwa

Yes, you can apply for regular bail : Court

Yes : Court

#NavneetKalra

Even the earlier bail orders were only on bail. I'm not seeking any quashing. Whether he deserves to be released on bail or not : Pahwa

I've sold through WhatsApp group to neighbors, friends: Pahwa

The case diary has one page.. there is some confusion...something is missing: Court to IO

#NavneetKalra

After 11, 12 is starting from the middle: Court

Front page may be missing. I'll check and send : IO

#NavneetKalra

Pahwa : I'm responding to section 420 IPC. This is my WhatsApp mesage. Prices are mentioned. I've never made representation on quality of concentrator.

Pahwa reads the message.

#NavneetKalra

It is pre booked. There is no hoarding: Pahwa

#NavneetKalra

Pahwa shows an invoice which has GST.

On Amazon, the same concentrator is for 90K. I sold for Rs 69999: Pahwa as he shows several model of the same concentrator being sold on Amazon for an even higher price.

IndiaMART is also selling. : Pahwa

Majority of concentrator are these. I'm not the only one. Matrix is not the only one. : Pahwa shows Salman Khan's tweet showing the same Oxygen concentrators

Govt is allowing the import of these oxygen concentrators to be used by everyone in the country..: Pahwa

Till date there is no communication to anyone from the government of India that these. Concentrators are spurious: Pahwa

#NavneetKalra

Court says the IO had on the other occasion said that concentrators were not in any box.

This is the outer box: IO

Why didn't you say on that day that there was no box : Court

#NavneetKalra

All representation are there on the box : Court

The report is not bad. It is correct. The website of the company shows the percentage of the oxygen: Pahwa

#NavneetKalra

Why will someone go to website. If you are representing .. did you put it on Whatsapp: Court

Intrinsic detail will be on website not the box : Pahwa

You didn't sell by brand name. At the time of payment you didn't say anything: Court

#NavneetKalra

Adv Vineet Malhotra says brand name was in the message.

The operation was for a very brief time : Pahwa

Where is the model number or company name: Court after seeing the message.

#NavneetKalra

I'm giving products to all educated people.. I'm selling on invoice : Pahwa

Malhotra shows screenshot showing model number to customers.

#NavneetKalra

Let IO say that you have tampered: Pahwa

IO says they got only 1.5 GB data: Court

We could have deleted but not added : Pahwa

#NavneetKalra

Pahwa shows a chart on the website.

Flow reduces with oxygen concentrators capacity. With 9L, it will give 30+-%..every concentrator works like this: Pahwa

#NavneetKalra

Sriram report says it is more than 30%. It's working more than it represents: Pahwa

#NavneetKalra

Sriram lab is a private body. It will not even be exhibited before court : Pahwa

#NavneetKalra

Sampling was not carried out by Sriram..batch number, lot number not supplied.. : Pahwa

#NavneetKalra

Does it CO, CO2? No : Pahwa

According to me it is not sub standard. If it is sub standard, why did Delhi police give it to all COVID centres. This is clear cut case of making somebody a scapegoat: Pahwa

#NavneetKalra

419 oxygen concentrators were taken in custody for COVID care. How can they blow hot and cold : Pahwa

#NavneetKalra

Can they now make this argument that it is sub standard. They are supplying to COVID centres for saving lives. If government can use it, why can't I : Pahwa

#NavneetKalra

Pahwa shows a Delhi High Court order noting that Delhi Police had no objections to the release of Matrix's fresh import stock at customs.

Why are they allowing it? For the purpose of circulation? : Pahwa

#NavneetKalra

Their submissions of quality are completely incorrect. If they are saying I've sold 100s, there are also messages saying that I'm serving the society: Pahwa

#NavneetKalra

Today we are on bail. I'm not doing anything illegal. Court has said that even Mr Gautam Gambhir may be doing something wrong but without criminal intent : Pahwa

#NavneetKalra

I'm supplying at a much lesser price than IndiaMART..this has to be seen from the point of criminal intent: Pahwa

#NavneetKalra

Pahwa says even on invoice it was said no warranty and no refund.

Matrix didn't give me warranty. I said give me 10k more, I'll change: Pahwa

#NavneetKalra

I had no criminal intent to cheat anyone: Pahwa

#NavneetKalra

Matrix is beyond my control. I had good intentions. I did an alternate work to pay salary to my employees. If out of 700-800, 7-8 people have been overcharged, only to give warranty, is not cheating: Pahwa

#NavneetKalra

I'm not here to say whether offence is made out or not : Pahwa

You've used the language of writ petition is bail application: Court

We're purely for bail here : Pahwa

#NavneetKalra

Court has at one point of time come to a conclusion that they are bailable offences (under EC Act): Pahwa

When you've already taken all oxygen concentrators, was my arrest justified : Pahwa

Whether arrest was legal or illegal, that stage is gone. Now it is detention: Court

If you feel aggrieved by arrest, file a contempt petition (for violation of Arnesh Kumar) : Court

#NavneetKalra

My invoices, oxygen concentrators are with them.. iPad and diary were taken. They made recoveries. No recoveries have to be made against me. I can't be put in pre trial detention: Pahwa

Pahwa says PC remand application has been rejected twice.

#NavneetKalra

Pahwa raises issue of decongestion of jails amid the pandemic.

When courts are making efforts to decongest, why is police going on a spree to arrest: Pahwa

#NavneetKalra

Till date there is no allegation that I influenced.. police is calling all his customers to file a complaint. They called his own son.. they are calling people. There are no complaints voluntarily: Pahwa

#NavneetKalra

My staying inside will not make any difference. 5 people are already out of bail : Pahwa

#NavneetKalra

Matrix had taken a stand they are importers and increased the availability. But you are not the importer. Importer was selling on Xfactor app. You purchased from him.. you cut short that supply and didn't sell on public platform. You sold in private WhatsApp groups: Court

This is same as High Court was considering in case of some AAP MLA... You took concentrator out if supply to the general public and sold it above the price of Matrix.. you tried to cut short the supply and sold at exorbitant prices: Pahwa

#NavneetKalra

Will that not be black marketing..? : Court

Matrix is not an importer. They also purchased from someone. The entire controversy is because there is no regulation : Pahwa

#NavneetKalra

What stopped the government to fix an MRP. It is unregulated: Pahwa says concentrator was imported by Classic and then sold to Matrix and then to Kalra.

#NavneetKalra

My own RWA purchased oxygen concentrators. Surpreme Court colleagues are doing it. : Pahwa

#NavneetKalra

If government wants, they can fix it..why does the government not regulate it. Black Marketing is not invoked because MRP is not fixed : Pahwa

#NavneetKalra

I have deep roots in the society. My businesses are here.. denial of bail at this stage.. I've valuable constitutional rights. Investigation may go on. I'm claiming parity on bail: Pahwa

#NavneetKalra

Government is benefited from my sale. I've deposited money in bank account. I'm paying tax. Where is the criminal intent : Pahwa

#NavneetKalra

There is only one laboratory in India for testing oxygen concentrators and ventilator.. NABL accredited.. Swen Konformity. All these reports are scrap of paper: Malhotra

#NavneetKalra

Court can put an embargo that he would not deal with oxygen concentrators: Malhotra

Why should I say that : Court

#NavneetKalra

If at the end of the day it's found that he is not guilty.. can he get his days back : Malhotra

#NavneetKalra

Malhotra says Kalra himself filed a complaint of black marketing with the police station.

They are denying it : Court

Malhotra shows messages and complaint sent by Kalra to SHO.

#NaveentKalra

They have issued gate passes, movement passes for movement of oxygen concentrators: Malhotra

The case is you have been cheating by selling below standard oxygen concentrators beyond MRP: Court

#NavneetKalra

Test report they are relying on has zero value: Malhotra

Even by your submission it was supposed to give lesser oxygen: Court

I've made no representation: Malhotra

#NavneetKalra

If brand is well known.. if you say I want Coke, then Coke is responsible. But if one relies on your judgement: Court

#NavneetKalra

I'm telling the name of the company. The court may consider my intention : Malhotra

#NavneetKalra

Matrix has imported at least 7k oxygen concentrators. 500 have been imported by actor Salman Khan ji also.. if these are so bad, why is Govt allowing their import: Malhotra

#NavneetKalra

Court asks Malhotra to show where the chart on oxygen flow is given on the website of the oxygen concentrator brand.

#NavneetKalra

Pahwa takes the court through order granting bail to two people in a similar case.

#NavneetKalra

I have to appear in matter of Sushil Kumar where I've to take police remand of someone. It is listed for 3 pm : APP Atul Srivastava

We can start at 10 am sharp tomorrow: Srivastava

#NavneetKalra

He has made all his points: Pahwa

I want to add some things. Mr Siddharth Luthra is appearing there : Srivastava

#NavneetKalra

Some gang war is there. All that has to be connected. That's why I've to be a there: Srivastava

#NavneetKalra

Pahwa says court may take up at case at 3:30 pm.

#NavneetKalra

We can have a break for half an hour, 45 mins. Someone is in jail: Pahwa

#NavneetKalra

Come at 10:30 am tomorrow : Court

#NavneetKalra

You will try to conclude in 30 mins. I've the case diary. You just have to give it context: Court to Srivastava

#NavneetKalra

You should come well prepared and take lesser time than the regular PP. You should give written submissions... tomorrow you take it that I would have read all that : Court to Srivastava

#NavneetKalra

As on date, all these things Medical devices Rules, are not applicable at this stage. If I say something, you will say the case has been prejudiced..: Court

#NavneetKalra

It would be better if we restrict to the investigation right now.. : Court

#NavneetKalra

This bail application will be decided on the material on record.. it can't be that you argue everything in every case : Court

#NavneetKalra

How can you say that case diary is a useless piece of paper: Court

I said privileged : Srivastava

I heard frivolous: Court

#NavneetKalra

You can't change the position as it stands today.. you are saying you may add new sections in two weeks. The Drug Inspector may arrest again for violation of Drugs and Cosmetics Act: Court

#NavneetKalra

Court asks Srivastava to not argue on things that have not been pressed by Kalra.

If a senior Adv cites an overruled judgement, there is contempt. Seniors have more responsibility.. in case you are not maintaining decorum and making irresponsible statements, I'll issue show cause notice: Court

#NavneetKalra

You have to argue without being offensive and contemptuous: Court

This is absolutely correct. We may lose, we may win.. : Pahwa

To say I've only responsibility towards the State.. APP has to be fair.. you have to bring real culprits to book : Court

#NavneetKalra

Prosecution is supposed to be fair. Prosecutor is supposed to be neutral. Don't twist facts. You can argue the law : Court

#NavneetKalra

I've been appearing before different courts and I would never do anything that is in contempt: Srivastava

You should work on this approach of taking ab adjournment. Written submissions should reach by today: Court

Early morning I'll send : Srivastava

#NavneetKalra

Malhotra says Sushil Kumar PC ends tomorrow and other accused were also in 4 days PC.

If I'm lying, I'll throw my robe. I'll send today's order to Vineet Ji : Srivastava

#NavneetKalra

Court says it has not received any complaint by Adv Dharmendra Mishra in the matter.

#NavneetKalra

Dharmendra Mishra cites a judgement.

Private party was permitted to argue in anticipatory bail : Dharmendra Mishra

#NavneetKalra

Your application on 302 CrPC stands dismissed: Court

#NavneetKalra

I will give judgements. The court may decide then : Mishra

You still haven't sent me the police complaint : Court

I'll just send it : Mishra

Court says it will pass order on this aspect at 10:30 am.

#NavneetKalra

Tomorrow 10 I'll pass order. And I'll hear arguments at 10:30 : Court

#NavneetKalra

Hearing over.

#NavneetKalra

[FULL STORY]

If my oxygen concentrators are sub-standard, why give them to COVID centres: Navneet Kalra to Delhi court during bail hearing

report by @aditi2118

#OxygenConcentrator #NavneetKalra #COVID19India

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