Second plea for Navneet Kalra’s custody rejected

During the proceedings, Kalra, appearing on video conferencing from Mandoli jail, said he was being framed because he is famous.

A Delhi court on Saturday rejected for the second time a plea by Delhi Police seeking custody of businessman Navneet Kalra who has been charged with allegedly hoarding and black marketing oxygen concentrators.

Delhi Police's Crime Branch brings Navneet Kalra for interrogation in connection with alleged black marketing of oxygen concentrators, at his Khan Chacha restaurant in New Delhi, Tuesday, May 18, 2021. (PTI)

“In my considered opinion, police custody remand is not warranted. Application is dismissed,” metropolitan magistrate Vasundhra Azad said. The police, on Saturday, had moved a fresh remand application of five days for Kalra.

During the proceedings, Kalra, appearing on video conferencing from Mandoli jail, said he was being framed because he is famous. “I run a famous optical shop known as Dayal opticals. I had taken machines from my friend’s company, Matrix Cellular, for friends and family. Police also bought machines for Covid centres from me. People have texted me saying timely help saved lives.”

On May 20, another city court junked police’s plea seeking five days custody and sent Kalra to judicial custody for 14 days. The court said that whatever substantial information required has been already procured and no fruitful purpose will be served by extending the police custody.

Kalra was arrested from a farmhouse in Gurugram on Sunday evening. The Delhi Police recovered 524 oxygen concentrators from three restaurants – Khan Chacha, Town Hall and Nege & Ju – owned by Kalra and from the office of Matrix Cellular between May 5 and May 7.

Before Kalra, five people, including the manager of Nege & Ju restaurant, chief executive officer (CEO) and three senior officers of Matrix Cellular, were arrested after the recovery of the concentrators. However, all five were later released on bail with the court observing that it was unable to understand the offence they had committed as the government did not regulate the prices of the devices

On Saturday, additional public prosecutor Atul Shrivastava told the court that Kalra’s custody is essential so that he could be confronted with mobile data, bank details and certain persons to unearth the alleged “nexus”.

He said that one of the co-accused has recovered from Covid-19 on Friday, and he has to be confronted with Kalra.

“The transactions were made through various banks. We had sent notices to various branches and have received some replies also. When he was asked details about the same, he stated that without seeing mobile phones and without consulting his CA, he cannot answer,” Shrivastava said.

Kalra contested the claim. “They are saying 23 accounts. I have only one account in HDFC where money was received through RTGS. There is only one account. Because I am famous, they are just trying to put it on me. I am not the manufacturer. When machines were not functioning, I exchanged them,” he said.

Kalra’s counsel, advocate Vineet Malhotra, said there is no question of concentrators being of spurious quality.

After hearing the arguments, the court rejected the police’s application for five days remand.