Magistrate order releasing 12 seized oxygen concentrators for the use of Police personnel, judicial officers set aside by Delhi Court

A Metropolitan Magistrate's order releasing twelve seized oxygen concentrators for the benefit of police personnel, judicial officers and their families, was set aside by a Principal District & Sessions Judge on Saturday (State vs Vinay). .Narottam Kaushal, Principal District & Sessions Judge, Dwarka Courts opined that the Metropolitan Magistrate "was greatly influenced by the fact that two Judicial Officers had lost their lives to COVID19", and in his "zeal to provide life-saving machines to front line workers", forgot that he has to act dispassionately. ."Ld. MM in his zeal to provide life saving machines to front line workers i.e. the Delhi Police and to his judicial fraternity was so dazzled that he forgot that a judge on account of the office he occupies has to act & behave like a self-less, dispassionate saint. He has to rise above the interests of self and his ilk. Benevolent and well-intended, his act may be; the same can-not breach the Constitutional provisions of equality. On the touchstone of these morals & principles of law, Ld. MM seems to have faltered. Impugned order dtd. 5.5.2021, thus, is not sustainable and is set aside," the Court said. .The Court clarified that the Investigating Officer shall be within his rights to now move a fresh application before the District Magistrate, in terms of orders passed by the Delhi High Court for directions on the immediate release of the oxygen concentrators. .In its revision petition before the Court, the prosecution argued that the Metropolitan Magistrate's order was in violation of Section 6(E) of Essential Commodities Act, which stated that the Collector would be the competent authority to order possession, delivery, disposal, release or distribution of the case property..Secondly, it was submitted that as per the Delhi High Court order, in case of seizure of COVID-19 related medicines, oxygen cylinders etc, the same had to be released by the District Magistrate without any delay..It was thus pleaded that the concentrators should be released to facilities where they could be used round the clock for those who need it the most..The Court held that since oxygen concentrators had not been declared as "Essential Commodity" under the Act, it could not be said that the MM had erred in the exercise of jurisdiction. .However, considering the Delhi High Court order in this regard, the Court opined that the IO ought to have approached the District Magistrate for an order on suitable utilization during the period of investigation/ trial..[Read Order]