Was trying to sell O2 machines to pay staff, help needy: Kalra

New Delhi: Businessman

Navneet Kalra

, through his counsel, on Friday told a court that he was only trying to sell oxygen concentrators to pay his employees and help the

needy

during the pandemic and had no intention to cheat anyone.

Seeking

bail

before chief metropolitan magistrate Arun Kumar Garg, senior advocate Vikas Pahwa underlined that as far as oxygen concentrators were concerned, the market was unregulated as the

government

was yet to fix their price.

“I had no intention to cheat anyone. It was all in good faith. I did alternative work so that I could pay salaries to my employees and GST to the government. I don’t have any criminal intent. I’m not running away. The court may impose any condition it feels appropriate,” the plea stated.

At the start of the hearing, additional public prosecutor Atul Shrivastava sought an adjournment saying he wanted to place various facts that had surfaced in the police investigation. The court, however, denied adjournment reasoning that the case diary having all relevant information had been perused.

The prosecutor referred to a Delhi High Court order highlighting that the case fell within the definition of medical drug and the provisions of Drugs and Cosmetics Act. For elaborating on such points and other aspects, Shrivastava urged the court to adjourn the hearing, adding the order was received the previous night.

The court, however, expressed its displeasure and said despite having sufficient time, the reply wasn’t filed. It remarked that all details were with the court. A heated exchange ensued between the court and the prosecutor following which Shrivastava was warned of contempt for making “irresponsible submissions”.

While hearing the submissions of the applicant, it referred to the allegations of the prosecution according to which police had received 21 complaints and Kalra was accused of selling at least 10 machines above the MRP. Pahwa said, “The question is if he deserves bail or not after being in jail for 12 days. The only representation made by me was that it was sold through WhatsApp.”

“I never made a representation with regard to the quality of the product, because this company has a website. My sale mode is contrary to the allegation of hoarding. The products were pre-booked and after-sale invoices were issued,” the counsel continued. He further submitted that the concentrators sold by his client were of the same make as those available on e-commerce websites such as Amazon and Indiamart.

Pahwa added, “I’m not the only one. This is the only make from China. Some days ago, they were purchased by a celebrity.”

The counsel questioned when the government had allowed import of the concentrators, which were being widely used, and how was it that what he was selling was labelled substandard. “According to me, it is not substandard. Why did the SDM and police give it to Covid centres? If it is substandard, then would Delhi Police give it to Covid centres?” asked Pahwa.

“It is a clear cut case of high-handedness and making a scapegoat. These concentrators have been distributed all over Delhi,” Pahwa added.

The prosecution will respond to the arguments made on Kalra’s behalf on Saturday.


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