"They can't rely on social media to arrest me," Vikas Pahwa argues for Navneet Kalra as Delhi Court reserves order in anticipatory bail plea

A Delhi Court today reserved its order in the anticipatory bail plea filed by businessman Navneet Kalra, who is apprehending arrest in the oxygen concentrator hoarding and black marketing case..After hearing the parties at length, Additional Sessions Judge at the Saket Courts Sandeep Garg adjourned the matter till 10 AM tomorrow, when the order will be pronounced..Appearing for Kalra, Senior Advocate Vikas Pahwa argued that there was no complainant in the case, and that there was a "campaign" against his client. He added that days before the FIR was registered, Kalra had made a complaint to the police that he was being framed..Pahwa said that the oxygen concentrators recovered from Kalra's Khan Chacha restaurant were authenticated and properly imported. He submitted,"All transactions are through banking channels...we are helping people by importing these goods. Oxygen concentrators are not cosmetics...it is used when someone is medically unfit..Conducting business in life saving drugs is not an offence in the eyes of law. When I create an invoice, I inform the Government of India. It is not black marketing.".On the allegations that the concentrators were being sold at an exorbitant price, Pahwa said that the government had not fixed a ceiling price for the machines."Exorbitant price is when government fixes a ceiling price...in this case there is is no memorandum.. we could not find even a single notification fixing the price of oxygen concentrator.".He further stated that there is no specific order declaring oxygen concentrators or masks as essential commodities..He went on to argue, "All plants are charging money from Delhi government for oxygen... government is charging for vaccine. It is life saving vaccine. Why is government charging in the ratio Rs250-1200. Mr Adar Poonawalla says even if he sells for 250, he makes profit.. why is crime branch sitting idle now?".Pahwa also questioned whether arrest was imperative in the case, at a time when the High Powered Committee appointed by the Delhi High Court was recommending decongestion of prisons amid the COVID-19 pandemic."Power of arrest today is controlled by courts as you are risking the lives of people... especially when you have recovered (the stock)...where is the need to arrest in this case? Arrest during pandemic is restricted by the courts.".They can't rely on social media to arrest me.Senior Advocate Vikas Pahwa.Pahwa submitted that there was "complete ignorance of procedure" prescribed under the Code of Criminal Procedure in the present case and the social media formed the basis of investigation as there were no aggrieved parties on record. He said, "They have created a scapegoat so that attention is diverted from core issues..They can't rely on social media to arrest me.. They say tomorrow people may come to us and that's why we have to arrest. Is this the way criminal justice works.. There has to be an aggrieved person. That there was false representation and they paid the money.. there are none whatsoever..there are 100s of people thanking me..".He went on to contend,“All sales are through invoices containing GST...if we go back, proper customs, GST paid by Matrix...so where is the question of black marketing? Where is hoarding in this case? Not even a single offence is made out...it is only to divert the attention of people. My photos are circulated...on all WhatsApp groups. It is all done by design.”.Pahwa, therefore, urged before the Court that no case was made out for Navneet Kalra's custodial interrogation amid a pandemic. .The fact that the employees of the importer, i.e Marix Cellular, had been granted bail by another court was a change in circumstances in Kalra's favour, Pahwa said. .During the post-lunch session, Additional Public Prosecutor Atul Srivastava submitted that the Crime Branch of Delhi Police had not shared any information related to the case with the media and that Kalra was trying to taint the perception. "Rather it is the accused side which has gone to media and tried to portray picture that Delhi Police is trying to save Kalra," Srivastava added..Srivastava further alleged that Kalra was offering oxygen concentrators worth Rs. 28,000 at a price of Rs. 70,000. On the issue of import of the machines, the PP argued,"Matrix is not importing it. It is Classic Metal and Spice Healthcare.. From Matrix it came to Navneet Kalra. He has not filed any document to show how he came in contact.".He then submitted that the investigation was at a very early stage and Kalra's custodial interrogation was imperative to further unearth the relationship with other parties. "Just 4-5 days have lapsed. Can we expect each and everything at this initial stage? We have to prove our case. That is why we need police remand."He also urged the Court to consider granting more time to investigate, given the difficulties the police were facing owing to the pandemic.."This type of white collor crime.. should not be given anticipatory or regular bail.. in this also, crores of rupees they have already made..On the brochure, through which they started inducement.. "premium", "German", "sufficient for two persons"..it is not sufficient for one also. From inception your intention was to cheat.", Srivastava said. .Relying on report from Sri Ram laboratory, Srivastava also asserted that the samples sent to it had come out as having "poor quality" and "not working". .Yesterday, Additional Sessions Judge at the Saket Courts Sumit Dass refused to grant interim protection from coercive action to Kalra in the case. He then moved the court for anticipatory bail..Last week, police reportedly recovered oxygen concentrators from "Khan Chacha" and other restaurants owned by Navneet Kalra. The police claimed that the imported concentrators were being sold in the black market amid the COVID-19 crisis..On Saturday, the police transferred the case to the Crime Branch. A lookout notice has also been reportedly issued against Kalra, who has been absconding since the seizure..[Read a live account of today's hearing here]