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A Delhi Court rejected application seeking extension of Police Custody of Navneet Kalra, Accused in Hoarding and Black Marketing of Oxygen Concentrators in the National Capital.

Metropolitan Magistrate, South East District, Ms. Akanksha Garg, while rejecting the Application said,

“The contention that the mirror images of the recovered mobile phones are yet to be created, or the data from the recovered laptop is yet to be segregated and therefore requires the custody of the accused is flawed at the very outset and I do not find any force in it. Even if the accused is remanded to JC or enlarged upon bail, nothing whatsoever is an impediment upon the investigating agency to confront or interrogate the accused. Also the fact that the replies of the various banks is still awaited   cannot   be   made   a   ground   to   deny   the   accused   his   valuable   Right. Accused be sent to JC for 14 days. He be produced on 03.06.2021 before the concerned Duty MM.”

It was further added,

“Courts of law are not expected to be carried away by the public sentiment and therefore cannot authorize detention merely because some stringent and non-bailable   sections   have   been   slapped   upon   the   accused   by   the   prosecution.   It   is   their sacrosanct responsibility to apply their judicial mind and delve into the said question deeply.”

Additional PP, Mr. Shrivastava appeared for the State.

Senior Advocate, Vikas Pahwa and Advocate Vineet Malhotra, appeared for the accused. 

It was submitted by Addl. PP that recoveries have been made and notices were sent to the persons involved in transaction with Kalra, but confrontations are yet to be made; “These are crucial stages of Investigation. The accused has not been subjected to any kind of ill treatment. Custody was taken late evening on May 17^th”

Senior Counsel, Mr. Pahwa opposing submissions of the Prosecution, stated; “My submissions should not be taken as I am trying to impede the investigation. I have been cooperating throughout. They searched my premises with me. I myself handed over my phone. All transactions have been done through banking channels. The details have been submitted.”

Advocate Vineet Malhotra, contending that argument on inferior quality of concentrators as raised by the State is meritless, produced before the Court pictures of the same machine shared by Actor Salman Khan over his social media accounts; “If the machines are of a degraded quality why are they still allowing it? Salman Khan has got 500 machines and distributing to COVID patients. Police officers, SHO, Judicial Officers have all purchased from him for Police COVID centres and now they are raising objections”, Counsel added.

“Salman Khan distributed free of cost. He never claimed money for it. He never said that it is sufficient for two persons at a time. He never called it a premier quality concentrator. He never claimed to have a German collaboration. Distributing or doing charity is not restricted. Government has itself relaxed the policy for it but these are greedy persons”, responded Addl. PP

Reply to Bail Application was allegedly provided by the Prosecution during the course of hearing.

Senior Advocate Mr. Pahwa submitted, “We have to make elaborate arguments. Mi Lord may decide remand application and give us a date for arguments on Bail Application. I don’t want to argue in haste.”

Arguments on Bail Application has been listed for hearing on 22.05.2021.