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Navneet Kalra Obtains Bail In Oxygen Concentrator Hoarding Case | India News


NEW DELHI: A Delhi court on Saturday granted bail to businessman Navneet Karla in an alleged black marketing case of oxygen concentrators, saying he apparently had a clean record and had no prior involvement in any criminal cases reported by the policeman. Kalra was allowed bail with a personal surety and two surety bonds of Rs 1 lakh each.
“The defendant appears to have a clean record, insofar as the investigating officer has not reported any prior involvement of the defendant in any criminal case,” Metropolitan Chief Magistrate Arun Kumar Garg stated in the bail order.
For Kalra, lead advocate Vikas Pahwa and advocate Vineet Malhotra had argued that of the 50,000 hubs of the same brand imported into India, his client had simply dealt with about 500 such hubs and became a scapegoat. to damage your reputation by not taking action. was taken against others.
Additional prosecutor Atul Shrivastava, on the other hand, argued that the mere fact that Kalra cheated during the current grim Covid-19 situation when people died due to the unavailability of oxygen concentrators had compounded the offense and should not be like that. considered as a simple case of cheating.
The order noted that, to date, a simple reading of the dairy case showed that prima facie there were reasons to believe that Kalra had committed crimes under Section 420 of the IPC (cheating) and under the relevant provisions of the Products Act. Essentials of 1955 read with a relevant paragraph of the 2013 Drug (Price Control) Order, both punishable by imprisonment for up to seven years.
However, it was recorded that of the approximately 500 oxygen concentrators allegedly sold by Kalra, only a few were sold above the MRP.
Referring to a Supreme Court ruling, the court said it was “convinced that police officers” did not arrest defendants without reasonable grounds in all crimes punishable by imprisonment of up to seven years, indicating that such Punishment was not deemed severe by the higher court for denying bail if a custody questioning was not required.
Therefore, the court stated that, otherwise, the court could ensure the presence of the accused both at the investigation stage and at the trial. On the point that the police required more custody interrogations of Kalra, it was noted that he was arrested on May 17 and was placed in preventive detention for three days and, thereafter, the IO statement requesting five days of custody Police had been dismissed, and none of the warrants had been contested by the state.
“In fact, it is not even the case of the State that the IO has made a request for questioning of the accused in judicial custody at any time during their 12-day custody period. The IO of the accused has already been carried out,” he said. .
The bail order further noted that the case was based primarily on documentary evidence and since the IO had already seized all relevant documents, there was no “basis” in the argument that it could alter the evidence.
Thus, the order reasoned: “Even if not, the prosecution’s apprehension regarding the defendant’s tampering with evidence can be mitigated by imposing the appropriate conditions on the defendant at the time of the posting of bail. Similarly, there is no material to support the prosecution’s bald claim that the defendant can influence the influence of witnesses. ”
Furthermore, it could not be the sole reason for denying bail to the defendant, although it could have been a reason for cancellation of the bail in light of a Supreme Court ruling, the order added.
It was argued, “It will be useless to keep the accused behind bars in view of the law established by the Supreme Court in Sanjay Chandra v CBI that the purpose of bail is not preventive or punitive, but rather to ensure the appearance of the accused person in his trial for a reasonable amount of bail and the right to bail should not be denied to the defendant simply because community sentiments are against the defendant. ”

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