Thread by @barandbench

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

Hearing to take place before Arun Kumar Garg, Chief Metropolitan Magistrate, Saket Courts.

#NavneetKalra #COVID19 #OxygenConcentrator

@DelhiPolice

Navneet Kalra is presently in judicial custody.

Yesterday, Kalra questioned why police distributed the oxygen concentrators seized from him to COVID centres if they were of inferior quality as alleged by them.

#NavneetKalra

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Hearing begins.

Additional Public Prosecutor Atul Srivastava makes submissions on behalf of Prosecution.

#NavneetKalra

They have shown that whatever was sold was printed on cardboard. This cardboard comes to me when I purchase it. I would try to see what is in the app or what I'm told. Inducement is there : Srivastava

#NavneetKalra

Srivastava shows a chat screenshot to the Court.

This is personal chat of Navneet Kalra... He is endorsing what is given on the app (Xfactor): Srivastava

#NavneetKalra

The word is premium portable oxygen concentrator (on the app). X Factor safety essentials by Matrix. Premium gives an impression that is of best quality.. till date, none of the article have any connection with "German" (as was claimed) : Srivastava

#NavneetKalra

Yesterday he showed it is 30%.. it was on cardboard after I had already been cheated. It says two people can use it.. a person is seeing I'm going to purchase premium quality, German made oxygen concentrator: Srivastava

It is neither premium and nor has any connection with German technology.. it has no use. Flow is below 35%. People were sold for more than Rs 70k : Srivastava

#NavneetKalra

This app is by X Factor : Adv Vineet Malhotra for Navneet Kalra

That's why I showed the chat. It said it was from Matrix : Srivastava

#NavneetKalra

He is not doing any charity. Had you sold on cost price, it was charity. But you sold at margin of 200% : Srivastava

#NavneetKalra

Police officers are also prone to be cheated. After they got to know that these oxygen concentrators.. if they have given to DM sahab, it was not done by our own. There was direction by Delhi High Court to hand over: Srivastava

#NavneetKalra

When it came to our knowledge that oxygen concentrators were not up to the mark, it was immediately informed to the DM.. now we have information that things were not up to the mark : Srivastava

#NavneetKalra

Now the submission that why police distributed.. : Srivastava

#NavneetKalra

Srivastava shows a letter dated 13/05/2021 written by DCP to DM on the lab report on the seized oxygen concentrators.

#NavneetKalra

Srivastava shows that Sriram Institute for Industrial Research is an approved testing lab for oxygen concentrators.

#NavneetKalra

Yesterday said I was not able to comprehend the report.. we know it can't be used for spo level below 88.. I want to know the efficiency if someone uses it.. if purity is 46-44%, will it increase spo? : Court

#NavneetKalra

This question you've not asked from AIIMS or the Ministry. You need to ask the right questions. Even oxygen cylinders are not sufficient for some patients. Will this machine make any difference? : Court

#NavneetKalra

Government of India advisory says it would not be useful : Srivastava reads the advisory which says concentration should be more than 90%.

#NavneetKalra

DCP Crime : Oxygen concentrators increases concentration of oxygen which is available in air.. it uses some chips for that. The output of oxygen is 90%.. principle is it should be at least 90%. 2L is when you get 90% at 2L capacity.. minimum is 90%: DCP Crime

@DcpCrime

Srivastava: Based on efficacy, these Oxygen concentrators were not fit for use.

#NavneetKalra

Matter was heard by Surpreme Court and they said let the Committee examine in : Srivastava

To examine oxygen concentrators in this case ? : Court

No sir. In suo motu matter.. : Srivastava

#NavneetKalra

It is useless and as good as dabba. Whether they could be harmful? Using them for even mild and moderate patients would cause harm: Srivastava

#NavneetKalra

Patients in this case were on deathbed.. people experience breathing problems.. if people put the cap, it only obstructs. It accelerates death: Srivastava

#NavneetKalra

Whether is it 1L or 9L, flow should be 90%.. : Srivastava

Srivastava takes the court through a trial court order rejecting bail in a similar case.

#OxygenConcentrator

The trial court order notes that the High Powered Committee has kept cases of black marketing and hoarding outside the benefit of release.

#NavneetKalra

They say they had Rs 3k profit : Srivastava

If you put in the schedule, you have a ceiling price. You have not put it in the schedule. It is a drug but the margins are not fixed : Court

#NavneetKalra

They were dealing with persons fighting for lives: Srivastava

It can be unethical. But where is illegality : Court

After quoting Rs 28k, you are taking Rs 70k : Srivastava

That's sale beyond MRP. To that extent I can understand : Court

#NavneetKalra

Govt has liberalised the policy for needy persons and not greedy persons.. Salman Khan is not selling. I'm not defending. But he's doing it free of cost: Srivastava

#NavneetKalra

Srivastava takes the Court through Delhi High Court order in Matrix Cellular case.

Read more :
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If he's dealing with medical devices. He's an optician.. they have never taken permission. It was in Khan Chacha restaurant. You have not taken any precaution. You have no quality control management: Srivastava

#NavneetKalra

Cheating in normal days is cheating. In these circumstances, the gravity has increased.. their intention was to cheat and make profit : Srivastava

#NavneetKalra

This is a white collar crime. These things get aggravated. These are not as normal as was projected : Srivastava

#NavneetKalra

He says stock is not available. 1 is there. 5 are there.. demand and supply.. they said it purposely. Even Amazon says only few are left.. they compel the persons to part with the money : Srivastava

#NavneetKalra

Srivastava says that the intention behind quoting prices ending with "999" was to cheat and dupe.

This is the marketing practice of all businesses: Court

#NavneetKalra

Srivastava says evidence was tampered with in this case and some accused were yet to be found.

#NavneetKalra

In post arrest, if there is possibility to influence witnesses, bail should be rejected..he dealt with known persons. Till date, people are not coming forward and this is the influence: Srivastava

#NavneetKalra

Justice Subramonium Prasad did not grant him relief. He still did not surrender. He was hiding himself. He was not the one who came.. this has given a bad name to the society.. the bail should be rejected: Srivastava

#NavneetKalra

Senior Adv Vikas Pahwa joins the hearing from his car.

I had to leave. There was an urgency: Pahwa

I will hear you when you reach wherever you are going : Court

#NavneetKalra

Hearing to resume at 12 noon.

#NavneetKalra

Hearing begins.

I'm conscious that I've to maintain the decorum of the court : Senior Adv Pahwa.

He appears for Navneet Kalra.

#NavneetKalra

The picture (making a representation) was from August 2020.. can I be held responsible for a representation made by Matrix in 2020 when my first dealing was in April 23, 2021 : Pahwa

#NavneetKalra

They are answerable (Matrix) and they are on regular bail. The letter (on substandard quality of oxygen concentrator) was an afterthought. We made the argument on May 11. : Pahwa

#NavneetKalra

No efforts have been made by Delhi police to take back the oxygen concentrators from the COVID centres: Pahwa

#NavneetKalra

Sriram report was on very narrow path. This test is no test in the eyes of law. They should have asked more questions.. when we are challenging the report.. the lab was recognised only till 2016. Under what condition was it de recognised: Pahwa

#NavneetKalra

The report is of no help to the court. It was deliberately created to create to create confusion: Pahwa

It is your own case that the oxygen concentrators will give 32%.. it should provide purity at the standard level : Court

#NavneetKalra

I'm not an medical expert and neither is the prosecutor. The concentrator has a knob.. it has 2-9L.. like a fan.. these are not to be used at hospitals. These are to be used at home. If oxygen goes below 90, the doctor says leave all this : Pahwa

#NavneetKalra

If I use at 2L, I will get 90%. It only supplements.. : Pahwa

If 9L can't supply, why are we selling it? If it is of no use, why are we supplying it? : Court

#NavneetKalra

They have shown an advisory.. because people have bought it but they don't know how to use it. There is a way to operate. These oxygen concentrators have been allowed by government of India : Pahwa

#NavneetKalra

AIIMS report is based on Sriram report. If you give erroneous report to someone, erroneous report will come. AIIMS did not take the oxygen concentrators: Pahwa

#NavneetKalra

Bail jurisprudence is release on bail if custodial investigation is not necessary. Conduct a trial and convict a man: Pahwa

#NavneetKalra

Convict him through procedure of law.. : Pahwa

#NavneetKalra

Is there difference in 9L oxygen concentrators? : Court

These are imported.. answer is given by Central Government (before High Court) that these are imported oxygen concentrators and it is not inclined to fix their MRP : Pahwa

#NavneetKalra

My question was not that..does 9L have different models?: Court

I don't think so : Pahwa

Court says price of Rs 64,999 was quoted for 9L and then for Rs70k.

If within a day there is an increase, how can you say there is no violation of DPCO: Court

#NavneetKalra

When purchase price is different, sale price is also different. If I'm getting at a higher rate, I'll sell it at higher rate. I charge GST. If I've to sell to take money, why would I create an invoice: Pahwa

#NavneetKalra

As per case diary, there are complaints that you or other accused charged took Rs 1.6 lakh but raised back dated invoice of Rs 49k: Court

#NavneetKalra

I can't.. : Pahwa

As per case diary, Sec 420 is prima facie made out. I have to simply see it there was reasons to believe. Essential commodities act violation is also made out: Court

#NavneetKalra

Only thing is.. looking into gravity. It shouldn't be considered to be a normal case of cheating..so far as conspiracy is concerned, you are saying you were ready to exchange products from Matrix also.. conspiracy has to be seen : Court

#NavneetKalra

Everybody is known to you. You may dissuade people from coming forward. Those apprehensions.. concern as on date is that people don't have the time for Prosecution..but that doesn't mean consequences will not.. : Court

#NavneetKalra

The assurance to replace is a matter of perspective. It can be positive also. A kind gesture. If concentrator was not working and I close my eyes, that is one circumstance... They will be filing a chargesheet. Favourable view may be taken : Pahwa

#NavneetKalra

In this case IO has been calling up persons. If IO calls up persons, can it be said I will not co-operate. Nobody likes to be cheated. People may be happy with the product. It is not a genuine apprehension: Pahwa

#NavneetKalra

If it is a close knitted group, it doens't matter if I'm outside or inside.. please impose conditions. They have remedy of cancellation of bail.. this can't be the ground for denial of bail : Pahwa

#NavneetKalra

Why can't something positive be looked into positively.. only 10 people have a grievance. 740 don't have: Pahwa

#NavneetKalra

Court may impose any condition but court may not say I won't do to Khan Market. That's my place of business. I will join the investigation whenever they want. Why do they want my custody: Pahwa

#NavneetKalra

They say I was absconding and I should have surrendered. There are many judgements. If I'm applying for anticipatory bail, even if no interim relief is granted, I'm represented in a court by a counsel : Pahwa

#NavneetKalra

Non grant of interim relief should not go against me.. availing a legal remedy can't go against me: Pahwa

#NavneetKalra

This is not category of case where they can equate it with real estates cases. These are difficult times : Pahwa

Today vaccines are available for Rs 250 to Rs 1500..will they go and arrest Max today (for selling at 1500).. govt has not fixed the price: Pahwa

#NavneetKalra

Government is shying away from fixing a price.. if substandard product is given, it is still an offence. It may not be Sec 420: Pahwa

#NavneetKalra

Pahwa shows the court the tax invoices.

Should I take that you are only pressing principles of bail and not section 420 and EC Act.. should I note in these words that you are not pressing Sec 420 at this stage? : Court

I'm not here for quashing FIR. I'm here only for bail. I'm not agitating no offence is made out. No intention to cheat I can still press: Pahwa

#NavneetKalra

Supreme court has said that no prima facie opinion should be given at this stage: Pahwa

#NavneetKalra

I'm on conduct, principles of bail.. court may ask what conditions they want for bail. Prosecution should not feel threatened: Pahwa

I'm hearing this for the fist time that Prosecution should not feel threatened: Court

#NavneetKalra

Court again reiterates that Prosecutors should be fair.

#NavneetKalra

Mr Srivastava and I have been appearing in Mr Tharoor's matter. It was so peaceful. Whatever happened yesterday was because the beginning was not good. Temper went high : Pahwa

#NavneetKalra

My major thrust is on principles of bail and if they can list the people, I will not contact them : Pahwa

How can that be done. If you want to show bonafide, you can stay away from people to whom you sold : Court

#NavneetKalra

SC and HPC have both said that Arnesh should be followed. Don't arrest people left right and centre: Pahwa

#NavneetKalra

Delhi High court order (in Matrix) was on release of goods. It can't be read to deny me bail. The court's order was not challenged : Pahwa

#NavneetKalra

Pahwa concludes.

Srivastava responds, shows memorandum recognising Sriram lab.

#NavneetKalra

I will skipping discussion on most documents because it will be on prima facie opinion and principles of bail : Court

#NavneetKalra

Srivastava reads a judgement.

#NavneetKalra

I said he was not available at his house.. challenging the earlier order was not necessary because the position is not the same now. Persons who were granted bail were the employee : Srivastava

#NavneetKalra

Pahwa refers to another judgement.

Whatever judgement you have to rely on, send within 15 mins : Court

#NavneetKalra

Let it be at 4 pm. I'll try to pronounce the order : Court

#NavneetKalra

Delhi Court reserves order in bail application by Navneet Kalra in oxygen concentrator black marketing case.

Order to pronounced at 4 pm today.

#NavneetKalra
#OxygenConcentrator

@DelhiPolice

[Oxygen concentrator black marketing case] Delhi Court to pronounce order in Navneet Kalra bail plea at 4 pm: LIVE UPDATES]

#NavneetKalra @DelhiPolice

barandbench.com/news/litigatio…

Delhi Court to shortly pronounce the order in the bail application by Navneet Kalra in oxygen concentrator black marketing case.

#NavneetKalra
#OxygenConcentrator

@DelhiPolice

Delhi Court grants bail to Navneet Kalra.

Personal bond of two sureties of 1 lakh each.

#NavneetKalra
#OxygenConcentrator

[BREAKING] Delhi Court grants bail to Navneet Kalra in oxygen concentrator black marketing case

report by @aditi2118

#NavneetKalra #OxygenConcentrator
#COVID19India

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