38.6c New Delhi, India, Friday, March 29, 2024
Judiciary

Delhi Court grants bail to Matrix Cellular CEO Gaurav Khanna and VP Gaurav Suri in oxygen concentrator black marketing case

By Mathews Savio      12 May, 2021 08:23 PM      1 Comments
Delhi Court grants bail to Matrix Cellular CEO Gaurav Khanna and VP Gaurav Suri in oxygen concentrator black marketing case

The Chief Metropolitan Magistrate’s Court in Saket, Delhi on Wednesday (12/05/2021), granted bail to Matrix Cellular’s Chief Executive Officer Gaurav Khanna and Vice-President Gaurav Suri in the case related to alleged hoarding and black marketing of oxygen concentrators in the capital.

The matter was heard by Arun Kumar Garg, Chief Metropolitan Magistrate, Saket Court.

The accused were arrested last week in connection with the recovery of 419 oxygen concentrators from various locations in Lodhi Colony and Mehrauli. The oxygen concentrators are alleged to have been imported by Matrix Cellularfrom China for selling at exorbitant prices to the public in desperate need of the device for their near ones suffering from Covid-19. It is alleged that the oxygen concentrators were sold at Rs.70,000 when the actual worth of the device was just Rs 28,000.

During the hearing, the accused denied the allegation of black marketing of the medical devices. It was submitted that the prices were fixed considering the cost incurred in importing and selling the device in times of high demand. Further, it was argued that there was no order capping the price of the device when the raids and arrests happened.

It was argued by the accused that the customs duty on the imports were duly paid and the sale was taxed under the GST regime. It was further argued that the investigation and arrest were of the nature of a "fishing and roving inquiry". The accused also submitted that the devices were imported not only from China but also from Europe and the mobile application used to sell the oxygen concentrator was functioning from 2016.

After hearing the matter and studying the documents submitted the court asked about an earlier order placed by the government itself, for 100 oxygen concentrators from Matrix Cellular.

The court asked during the hearing:

“Is doing business in this country an offence? You say we won't impose lockdown, so businesses are not affected. Now, these people have imported. There are no allegations of tax or customs duty evasion.”

The court further observed that:

“The officer has not yet been able to negate the story that they imported something and paid Customs duty. All payments have been accounted for, IGST, SGST has been paid. If the government is accepting, the tax department has the information. Nothing was concealed.”

The court pointed out that if private firms are charging exorbitant rates from the citizens the government must regulate them but no such orders were issued by the government on or before the date of raids and arrests.

The court asked the state to “first make the law to regulate price” and chided that the state cannot be in a hurry to arrest people just because the High Court asked it to regulate prices.

The bail was granted to the two accused subject to a personal bond of Rs. 50,000 and surety of like amount. 

The court has reserved its order on the bail applications of the co-accused in the case to 10 AM tomorrow (13/05/2021).

The Applicants were represented by Senior Advocates Mohit Mathur, TrideepPais and Advocates Samudra Sarangi, SherbirPanag, Vineet Malhotra with Advocates Shruti Raina, Srishti Khare, Abhilasha Khanna, Moha Paranjape, Nishtha Agarwal, Nitya Jain. The state was represented by Additional Public Prosecutor Atul Srivastava.

In a related development, Matrix Cellular has also approached the Delhi High Court to immediately release the seized oxygen concentrators. 



Share this article:



John Doe
Bharathi Jan 14, 2022

Matrix cellular loots people with unauthorised and hefty charges. Threatens people with legal emails! This is Karma!

Leave a feedback about this
TRENDING NEWS

arvind-kejriwals-plea-for-interim-release-rejected-by-delhi-high-court
Trending Judiciary
Arvind Kejriwal's plea for interim release rejected by Delhi High Court [Read Order]

Delhi High Court rejects Arvind Kejriwal's plea for interim release in money laundering case related to liquor policy scam, pending ED's response.

28 March, 2024 10:50 AM
youtuber-strings-plea-against-youtube-accounts-suspension-andhra-pradesh-hc-issues-notice-to-centre-google
Trending Top Stories
BREAKING: Youtuber String’s plea against Youtube accounts suspension: Andhra Pradesh HC issues notice to Centre, Google

Andhra Pradesh High Court issues notice to the Centre and Google LLC on Youtube journalist String’s plea against suspension of its accounts by Google (which owns Youtube).

28 March, 2024 11:26 AM

TOP STORIES

delhi-liquor-scam-court-remands-arvind-kejriwal-to-ed-custody-till-march-28-read-remand-application
Trending Judiciary
Delhi liquor scam: Court remands Arvind Kejriwal to ED custody till March 28 [Read Order]

Delhi liquor scam: Arvind Kejriwal remanded to ED custody till March 28. Court grants agency permission for interrogation in liquor policy case.

23 March, 2024 11:53 AM
sc-dismisses-centres-plea-for-review-of-judgment-directing-ed-to-furnish-written-grounds-of-arrest-to-pmla-accused
Trending Judiciary
SC dismisses Centre’s plea for review of judgment directing ED to furnish written grounds of arrest to PMLA accused [Read Order]

Supreme Court dismisses Centre's plea, upholds judgment mandating Enforcement Directorate to provide written grounds of arrest in PMLA cases.

23 March, 2024 03:14 PM
kerala-hc-to-hear-lesbian-couples-plea-against-forced-conversion-therapy-on-april-9
Trending Judiciary
Kerala HC to hear lesbian couple’s plea against forced conversion therapy on April 9

Kerala HC will hear a lesbian couple’s plea highlighting that one of them was subjected to forced conversion therapy.

23 March, 2024 03:30 PM
how-can-people-be-compelled-to-vote-madras-hc-asks
Trending Judiciary
“How can people be compelled to vote? Madras HC asks

“How can people be compelled to vote?”, the Madras HC queried in a plea asking employers in Tamil Nadu to demand proof from employees of having voted on polling day.

23 March, 2024 05:04 PM

ADVERTISEMENT


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email