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Amid COVID19 situation, a plea has been filed in the Supreme Court that seeks releasing of all the oxygen concentrators, oximeter, any drugs, Remedesveir injections or any other equipment from the Judicial Custody of every State Police Stations of India keeping in view Sections 451,459 of CrPC.

“Every day thousands of people across the country are being arrested for blackmarketing of oxygen cylinders, remedesveir injections and other essential equipments and all these seized equipments are kept in police station as per procedure of sec 102 read with chapter 34 of CrPC 1973. The concern authorities are taking appropriate actions by arresting, seizing and confiscating these oxygen cylinder, injections and other equipment .These are seized u/s 102 CrPC as these properties are involved in the crime.”- Excerpt from the plea.

The present plea preferred by Advocate Shrikant Prasad states about the direction passed by the Allahabad HC and Jharkhand HC regarding immediate releasing of oxygen cylinders, Remedesveir injections, oximeter and all such necessary equipment required for treatment of CoVID patients.

“the Director General of Police to immediately issue advisory to all the Senior Superintendents/ Superintendents of Police in the State to direct the concerned police officers who have seized or would seize in future such articles from illegal possessions, to immediately within 24 hours of such seizure, approach concerned Magistrates for the disposal of such property and in the event they approach the concerned Magistrate, he shall dispose of the case properties exercising power under Section 457 Cr.P.C. within three days thereafter in view of the current pandemic caused by Covid-19.” – stated the plea

The Petitioners also highlighted the similar directions issued by the Allahabad HC and Jharkhand HC to release all such essential equipment by considering the sec 451 CrPC 1973, and a judgement given by this Hon’ble Courts in Sunderbhai Ambalal Desai v. State of Gujarat reported in 2002 (10) SCC 283.

“…where there is chaos and dense situations across the country and is in need of these things for saving of lives , these are not available normally and instead of found with very exorbitant price as black-marketing form And many people across the country are doing  black-marketing of these essential equipment by selling at very high prices.” – Excerpt from the plea.

The plea further states that with the upsurge in Covid-19 across the country therefore the illegal hoarding, black marketing and overcharging of essential medical devices has become the new norm. Also as per the practice of courts the seized materials are not released till disposal of case. Hence, the present writ petition.