[Seized Oxygen Concentrators] Is doing business an offence? Why should market forces not apply when govt has not regulated price: Delhi court

A Delhi court on Tuesday pulled up the State for the arrest of private persons who were selling imported oxygen concentrators at an "exorbitant rate" to consumers when it had itself not regulated the sale price. .Arun Kumar Garg, Chief Metropolitan Magistrate, Saket Court remarked that each business was based on a "cost-benefit analysis" and the State ought to be fair to those who do businesses."Why should the forces of demand-supply not apply where the government has left it.. government has not regulated. Is doing business an offence?..The State has to be fair.. we are still selling alcohol..They got 7.5K concentrators. Some people will get it. Now it is all lying..".The Court was hearing the bail petitions moved by Matrix Cellular's Gaurav Suri, Gaurav Khanna and other employees who were arrested by Delhi Police following raids and seizure of oxygen concentrators from locations in Lodhi Colony and Mehrauli..The job of the government is not to terrorise people but to ensure that law is followed, the Court remarked. "Job of the government is not that of a "terrorist" (to terrorise people). You have to go by the procedure established by law.. it seems you don't want to enact law ...(but) can you keep pulling up people?".Stating that it was bound by the law enacted by the competent authorities and at present, there was no notification capping the price of oxygen concentrators, the Court added, "There is illegality and there is immorality. I have to see illegality. I'm not hearing a PIL.".The Court noted that even the Delhi High Court had passed an order asking the authorities to consider regulating the prices of oxygen cylinders in the market. ."(High) Court did not say put people in jail..you can't..to please the High Court.. in order to respond (to the order), to remain in (their) good books..High Court is every day saying that you regulate but you don't." .The prosecution case was that, all accused persons "hatched a conspiracy" to wrongfully make money by "inducing" the public and selling imported oxygen concentrators at a "exorbitant rate". .The Court, however, orally observed that in the present case, the prosecution was not able to negate the bail applicants' stand that all concentrators were imported after payment of requisite custom duty, sales were through an application, invoices were raised and GST was also charged. .Even as the prosecution informed that two oxygen concentrators from the seized stock had been sent to a laboratory for testing their efficacy and genuineness as they were "Chinese maal", the Court asked as to why imports from China had not been not stopped if they were questionable. ."We can't change the policy. Why are you arguing against the policy. When government calls it, it is genuine. When private persons do, it is cheap..".The Court also observed that there was a "trend" of investigating agency was first making the arrest and then investigating the cases. ."This is pathetic situation...FIR is mandatory, arrest is not..Investigation should be systematic ..(and) not become instrumental in harassing somebody," it observed. .The Court, therefore, urged the prosecution to "look at the truth dispassionately". . "You can't curtail one's liberty.That is why courts functioning. If we go by emotions..if we don't protect our liberty..".During the course of the proceedings, the Court noted that the seized goods, that were still in the maalkhana, bore an MRP tag and therefore, asked the prosecution to show if there were any invoices that were beyond that price. .Seeking bail in the case, counsel for all arrested persons argued that there was no "black marketing" and the prices were being fixed after considering the various costs incurred by Matrix Celluar while importing and seeking the equipment. .It was inter alia argued that the investigation was only a "fishing and roving inquiry" and the mobile app that was used for sale was in place since 2016..It was also pointed out that the oxygen concentrators were imported not only from China but Europe as well. .Order in the bail pleas would be pronounced tomorrow. .The arrested accused were represented by Senior Advocates Mohit Mathur, Trideep Pais and Advocates Samudra Sarangi, Sherbir Panag, Vineet Malhotra with Advocates Shruti Raina, Srishti Khare, Abhilasha Khanna, Moha Paranjape, Nishtha Agarwal, Nitya Jain..Additional Public Prosecutor Atul Srivastava appeared for State.