“Any Person Found Involved In Black Marketing of CoVID Drugs & Oxygen Cylinders Shall Be Booked & Brought To Court’s Notice”: Delhi High Court

“Any Person Found Involved In Black Marketing of CoVID Drugs & Oxygen Cylinders Shall Be Booked & Brought To Court’s Notice”:  Delhi High Court
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The Delhi High Court has warned all those involved in black marketing of oxygen cylinders & CoVID related drugs for serious contempt action & also directed the state to ensure that the same are not sold above the MRP.

Any person found involved in black marketing shall be booked & brought to the notice of this court & punished thereafter.”, the Court observed.

These directions were passed by the Bench of Justice Vipin Sanghi & Justice Rekha Palli in a special sitting on Sunday while it was hearing an urgent application filed by the Centre to recall the order dated May 1, 2021 as per which the Bench directed the Central Govt to ensure that the NCT of Delhi received its allocated supply of 490 MT positively by whatever means.

Considering the fact that Delhi is not an industrial State, and does not have availability of cryogenic tankers of its own which could be requisitioned under the Disaster Management Act – like other States have done, it falls upon the Central Government to arrange the tankers as well, so that the allocation made to Delhi could be fulfilled, lest it remains only a paper allocation. The Central Government shall ensure availability of cryogenic tankers as well for the said supply.

Pertinently, the allocation to Delhi, which was earlier of 480 MT (since 20.04.2021), and now is of 490 MT has not been fulfilled even for a single day. In case, this order is not implemented, the concerned officers of the Central Government viz. Mr. Piyush Goyal and Ms. Sunita Dawra shall remain present during the hearing on 03.05.2021. Looking at the situation, we make it clear that we may even consider initiating Contempt Proceedings in case of non-compliance. Mr. Amit Mahajan shall ensure communication of this Order to the concerned officers forthwith.”- excerpt of order dated May 1, 2021.

These directions were passed in light of the submissions made by Sr Adv G Tushar Rao wherein he informed the Bench about an incident where his junior colleague’s friend was forced to purchase an oxygen flowmeter priced at Rs 800 for Rs 4000.

People who trade in miseries, in this time of crisis should know that even if God forgives them, the Government would certainly not forgive them”, said Ld Solicitor General of India Shri Tushar Mehta during the hearing.

In the meanwhile, Adv Arun Adalkha requested for having a helpline number to file a report against the individuals involved in Black Marketing.

Senior Advocate Mr Rahul Mehra appearing on behalf of GNCTD while referring to a tweet by IPS officer Dr Mukhtesh Chander

Public can complain on Delhi Police CoVID 19 helpline #23469900 about malpractices such as overcharging by ambulances; fake CoVID 19 medicines; black marketing/ hoarding of medicines, oxygen cylinders/ concentrators or other medical equipments; harassment at cremation ground etc

submitted that criminal action would be initiated against all those resorting to black marketing.

The Court thereafter directed the State & Delhi Police to give wide publicity to the helpline numbers so that the citizens are aware about the same.

The Bench has issued notice to Delhi Govt on the Urgent Application filed by the Centre & the same has been accepted by Advocate Satyakam on behalf of GNCTD. The Court has sought the response on the same by Tuesday & the issue on the aspect of supply of LMO would be heard on Wednesday.

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