Lawstreet Journal

"Under What Capacity can You Keep Oxygen Concentrators Without License?": Delhi High Court to Navneet Kalra

Lawstreet Journal 15 May 2021 2:55am

Image courtesy: Lawstreet Journal Judiciary "Under What Capacity can You Keep Oxygen Concentrators Without License?": Delhi High Court to Navneet Kalra

On Thursday (May 13, 2021), the Delhi High Court in an emergency evening hearing asked Navneet Kalra, who was arrested for hoarding Oxygen Concentrators by the Delhi Police recently, as to in what capacity was he holding 105 oxygen Concentrators when the same should be possible just through a valid license.

A single-judge bench involving Justice Subramonium Prasad was hearing an anticipatory bail plea by Kalra after a Sessions Court dismissed the same earlier yesterday ( May 13, 2021).

Senior Advocate Abhishek Manu Singhvi, showing up for Kalra, contended that the media was baying for Kalra's blood.

Singhvi primarily contended that in the absence of a government mandate for fixing the cost of oxygen concentrators under Section 3(1) of the Essential Commodities Act, Kalra can't be said to selling his stock at an extreme cost.

Singhvi also asserted that Kalra had bought the oxygen concentrators with invoices, having paid Goods and Services Tax (GST) and that he was not hoarding the machines.

Singhvi further submitted before the court that "Office Memorandum doesn't indicate to be a request under sec. 3(1). It's simply a data requesting MRP. The restriction of 10% isn't fixing the cost."

Taking note of this Court asked:

“If the device is a medication constrained by the previously mentioned request expressing that an individual can't sell over 10%, then what the Government is doing is to "call for MRP and ensure it not sold more than that and in such a case, it’s an infringement."

Rejecting the proposition, Singhvi presented that the limitation of 10% has… Continue Reading...


Tagged: Navneet Kalra  
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