No interim relief in O2 concentrator case, lookout notice against Kalra

New Delhi: A

court

on Monday

refused

to

grant

any

interim stay

on

coercive action

against businessman

Navneet Kalra

in connection with an FIR over the seizure of over

500 oxygen concentrators

from his

restaurants

.

Kalra has filed an anticipatory bail application through advocates Vineet Malhotra and Harsh Sethi. The hearing took place before special judge Sumit Dass, who posted the matter on Tuesday.

Meanwhile, Delhi Police is learnt to have issued a lookout notice against the absconding restaureatur.

During the hearing, public prosecutor Atul Shrivastava, who appeared on behalf of Delhi Police, informed the court that the investigation had been taken over by Delhi Police’s Crime Branch. He indicated that the case might be heard by some other court dealing with matters concerning the Crime Branch in the light of jurisdiction. Public prosecutor Wasi Ur Rahman said, “Strongly oppose (bail plea) for any relief.”

Malhotra, Kalra’s lawyer, questioned invoking of the provisions of Essential Commodities Act, 1955 during the brief hearing that lasted for about 15 minutes. “They’re hounding me. Let them file a reply. Have it tomorrow,” he submitted.

According to the lawyer, oxygen concentrators have not been notified as essential commodities; hence, Essential Commodities Act could not have been invoked.

His plea further stated, “All imports have been made through legal banking channels and there is not even a single oxygen concentrator, which has been clandestinely or illegally imported. All imports are legally documented and all sales were taking place legally after payment of GST and other applicable taxes.”

It claimed, “There has been no black marketing of any article. The government or any other authority has not fixed any price and, therefore, there is no question of black marketing.”

Kalra has been booked under sections 420 (cheating), 188 (order duly promulgated by a public servant), 120B (criminal conspiracy) and 34 (common intention) of Indian Penal Code and sections 3 and 7 that relate to supply and distribution under Essential Commodities Act, 1955.

The matter was adjourned after the court directed police to file a reply on the Kalra’s anticipatory bail plea. “Simple adjournment… No stay,” the court said.

Kalra owns Khan Chacha, Town Hall, and Nege & Ju restaurants in Khan Market and Lodhi Colony. Apart from seizing the life-saving machines from these places, the cops had also recovered many concentrators from a farmhouse in south Delhi. Soon after police raided his premises last week, Kalra went underground with his family.

A senior police officer said there were apprehension that Kalra might try to flee the country after which the lookout notice was issued. The raids are still on to arrest him, he added. Through an LOC, the cops alert all immigration and sea ports to detain an individual if he tries to leave the country.