Delhi court grants bail to businessman Navneet Kalra in oxygen concentrator black marketing case

A Delhi court on Saturday granted bail to high-profile businessman and owner of 'Khan Chacha' restaurant Navneet Kalra, arrested in a case linked to black marketing of oxygen concentrators.

Chief Metropolitan Magistrate Arun Kumar Garg ordered the release of Kalra on furnishing a personal bond of Rs one lakh with two sureties of equal amount, after noting that he was a man of clean antecedents with no previous criminal record.

"No purpose will be served by keeping the accused behind bars in view of the law laid down by the Supreme Court in Sanjay Chandra vs CBI that the purpose of bail is neither preventive nor punitive...and the right to bail is not to be denied merely because sentiments of the community are against the accused," the court said.

Kalra was arrested on May 17 following an FIR lodged against him on May 5 for selling poor quality Chinese-made oxygen concentrators at exorbitant prices, with fraudulent representation that those were of premium class, manufactured with German collaboration.

The court directed Kalra not to contact anyone to whom he sold the oxygen concentrators, and not to tamper with the evidence in the case. He was also directed to join the investigation whenever required.

Read | ED finds Kalra, aides dealt in 7,000 oxygen concentrators

In its order, the court noted that the offences alleged against the accused were punishable with up to seven years imprisonment and further, out of approximately 500 oxygen concentrators, the accused was found selling only a few at a price above MRP.

It rejected a contention by the Delhi police that he may tamper with the evidence, saying the case was primarily based upon the documentary evidence and all relevant documents have already been seized by the investigating officer.

The Delhi Police claimed the accused cheated the vulnerable people during the Covid-19 pandemic to make a profit and absconded after a case was lodged.

"Merely because the accused did not join investigation does not mean that he should be denied bail on the said ground alone since the accused had been taking recourse to the legal remedies available to him," the court said.

Kalra was on the run after the seizure of 524 oxygen concentrators from three restaurants — Khan Chacha, Town Hall, and Nege & Ju — owned by him. Four employees of Matrix Cellular company, including its CEO and vice president, who were also arrested, were granted bail in the same case. Kalra bought oxygen concentrators from Matrix Cellular, which imported them.

On May 5, a case was registered against Kalra under Section 420 (cheating), 188 (disobedience to order duly promulgated by public servant), 120-B (criminal conspiracy) and 34 (common intention) of the Indian Penal Code. The case was also registered under Essential Commodities Act and Epidemic Diseases Act.