Matrix CEO, 3 more get bail in black marketing case; Kalra's order today

New Delhi: Observing that "no prima facie" case under cheating has been made out against the accused persons and that police has added non-bailable sections in the FIR first and then started to collect evidence to support the charge later, a Delhi court on Wednesday granted bail to four persons, including Matrix Cellular Services Ltd. CEO Gaurav Khanna, involved in allegedly hoarding and black marketing over 500 oxygen concentrators from three upscale restaurants in the city.

Chief Metropolitan Magistrate Arun Kumar Garg in his common 22-page orders for Khanna, Vice President Gaurav Suri, employees Vikrant and Satish Sethi, noted that on perusal of the FIR in the case, no prima facie case under section 420 IPC (cheating) is made out against the accused at least from the contents of the FIR.

Pointing to the probe carried out by the Investigating Officer (IO) in the case, the court noted that, "...it can't be appreciated that an FIR is registered first incorporating the non-bailable offences such as Section 420 IPC and accused are arrested without even a prima facie case u/s 420 IPC even as per averments made in the tehrir and thereafter the efforts are being made to collect evidence to support the said charge".

Without naming any particular government, the CMM went on to express its grievance regarding non-fixing of a price yet for such medical equipment despite directions from the Delhi High Court.

"Not any regulation has been made by the govt. for its equitable distribution to the needy persons for reasons best known to the Govt.," the court noted.

CMM Garg went on to add that merely booking manufacturers or importers under the criminal law without a regulatory price in place and without any evidence "just to show that the state is concerned about the problem of citizens in procurement of life saving medical devices" will be "counterproductive" and shall create a further scarcity of already scarce medical devices as it will discourage manufacturers and importers from pushing their resources so far as to make the essential medical devices available to the needy citizens.

The court hence granted all the four accused persons bail on a personal bond of Rs. 50,000 each.

Meanwhile, a Delhi court on Wednesday reserved its orders for today (Thursday) on the anticipatory bail plea of absconding restaurateur Navneet Kalra after his counsel, senior advocate Vikas Pahwa, submitted that the arrest was effected in a "mala fide manner" and that the government has neither regulated nor fixed an MRP on oxygen concentrators and that selling the same cannot be termed as black marketing.

Pahwa also argued that his client had done a service by choosing to procure and sell an essential item legally so that ot is available for those who need it.