Supreme Court issues notice in appeal by Matrix Cellular against Delhi High Court order denying release of seized oxygen concentrator

The Supreme Court on Tuesday issued notice in an appeal filed by Matrix Cellular against the Delhi High Court order which had dismissed its plea to release the oxygen concentrators seized by the Delhi Police amid the COVID-19 pandemic..The Bench of Justices Rohinton Fali Nariman, KM Joseph and BR Gavai today issued notice to the Delhi Police. .Senior Advocate Mukul Rohatgi, appearing for Matrix, submitted:No prices are fixed, then how can it be a case of black marketing? It's like lawyers, if prices are not fixed, then they will charge whatever they want. Matrix Cellular has sold every item with GST, to people. There was no bar on quantity. High Court is relying upon later order of Division Bench. High Court is saying Matrix Cellular is hoarding. The magistrate has sealed Matrix Cellular’s concentrators worth Rs 3.5 crore; it has become the case property now. If there is no price fixation, there is no matter of black marketing and hoarding..Matrix had challenged before the High Court, the seizure of oxygen concentrators and other COVID-19 care equipment from its office by the Delhi Police. The High Court dismissed the petition filed by Matrix on May 27, 2021..Justice Yogesh Khanna opined that such a direction could not be issued when the investigation was at an initial stage.The Court also stated that there appeared to be no illegality committed by Delhi Police when it seized the oxygen concentrators, at a time when the State was reeling under acute shortage and attendants of patients were running pillar to post for their purchase..No release of seized oxygen concentrator; prima facie Matrix Cellular in violation of order to not increase price: Delhi High Court."Prima facie the act of the petitioner (Matrix) is in violation of an Office Memorandum, Ministry of Chemicals and Fertilizers, Government of India, of dated 29.06.2020 (supra) which had directed the petitioners and others like him, selling oxygen concentrators, to not increase prices of oxygen concentrators by more than 10% of the maximum retail price in a year of the Drugs Pricing Control Order, 2013," the Court stated..The High Court also noted that any direction to release the oxygen concentrators would be contrary to the order passed by a Division Bench of the High Court. This order directed that whenever any drugs, concentrators etc used in the treatment of COVID-19 are seized by the authorities or Delhi Police, the district magistrate shall take necessary steps to ascertain the genuineness of the drugs etc. and pass orders for their release.