New Delhi, May 11 (ILNS) A Delhi Court today refused to grant interim protection to Navneet Kalra, accused of black-marketing oxygen concentrators amid the COVID-19 outbreak in the national capital.
Additional Sessions Judge Sumit Dass listed the matter for tomorrow before the Session Judge Saket Court. “No interim Protection,” clearly said the Court.
During the course of hearing today, the Public Prosecutor vehemently opposed the Anticipatory bail application. He said since the Crime Branch is investigating, the matter should go to other court. “The investigation has been taken up by the Crime Branch. If the application is declined, then it will go to the Additional Sessions Judge Sandeep Garg,” he added.
Counsel of the accused, Vineet Malhotra submitted that this application was filed on May 7. “When this application was filed, there was no case against me. Investigation was done by Police Station Lodhi Colony. Inspector Praful Kumar Jha was investigating. Yesterday, a Look Out Notice was issued. It’s shocking, here is a man who himself said he is selling oxygen concentrator to the third party. Is he a liar? It was eight days before the registration of FIR. At the same price as the others.”
The PP argued that this court has no jurisdiction. Pursuant to the transfer of the investigation, this matter should be heard before Sandeep Garg, Additional Sessions Judge, Crime Branch.
Mr Malhotra submitted that this court has jurisdiction as per the Judgement of SC in Gurbaksh Singh Sibba vs State of Punjab, which said “… It may be advisable for the Court, which is approached with an application under 438CrPC, depending upon the seriousness of the threat (of arrest), to issue notice to PP and obtain facts, even while granting limited interim anticipatory bail.”
The Court yesterday had refused to grant any stay on Delhi Police’s coercive action. “No stay on Delhi Police’s coercive action,” said Special Judge Sumit Dass.
The Court had directed the Investigation Officer to file his reply on the anticipatory bail application.
Public Prosecutor Atul Shrivastava vehemently opposed the Pre-arrest bail application and had submitted that this is the case of Crime Branch. “Is this court suitable for it?,” he asked. Mr Malhotra had submitted that his client is being hounded.
The Court was hearing Navneet Kalra’s anticipatory bail plea. He has been accused of black marketing of oxygen concentrators amid the Covid-19 outbreak in Delhi. The Delhi Police had seized oxygen concentrators from his restaurants “Khan Chacha”.
On May 7, 105 oxygen concentrators were recovered from two upscale restaurants in south Delhi’s Khan Market area, owned by Kalra. On May 8, police transferred the case to the Crime Branch. ILNS/KR/RJ