The Saket Court of Delhi on Thursday said that in the view of the court the police remand of the accused Navneet Kalra is not warranted in the case relating to the alleged hoarding of oxygen concentrators in South Delhi.
Metropolitan Magistrate Akanksha Garg on Thursday decided not to send Kalra in further police remand and directed to send him in judicial custody for 14 days.
"Whatever substantial had to be achieved by the investigating agency through the police remand of theaccused has already been achieved and no fruitful purpose would be served by extending the police custody of the accused," said the court.
Court also noted that the offence in question in the present case is of grave nature and has serious implications upon society at large. In these testing times when utmost humanity and compassion have been exhibited by people, a few miscreants in the society have resorted to vices like hoarding and blackmarketing of essential drugs and medical equipment which could otherwise have averted so much death and destruction.
However, the courts of law are not expected to be carried away by the public sentiment and therefore cannot authorise detention merely because some stringent and non-bailable sections have been slapped upon the accused by the prosecution. It is their sacrosanct responsibility to apply their judicial mind and delve into the said question deeply, the court also noted in the order copy.
The Delhi Police earlier today submitted, "We need his custody to confront him with the transactions done through mobile phones, and around 23 banks are involved and these things have to be confronted with the accused."
The Delhi Police on Thursday virtually produced Kalra and sought his five days' further remand.
Senior Advocate Vikas Pahwa appearing for accused Kalra had strongly opposed the remand application and submitted that Kalra is fully cooperating in the investigation and no more required for police custody.
On May 7, the Delhi Police had busted an oxygen concentrators black-marketing racket during a raid and recovered 105 such concentrators from two upscale restaurants in the city's Khan Market area. The two restaurants namely Khan Chacha and Town Hall are owned by Navneet Kalra.
The Delhi Police has registered a case under various offences dealing with cheating, disobedience to order promulgated by a public servant, criminal conspiracy, and violating provisions of Essential Commodities Act, 1955 following the seizure of oxygen concentrators from restaurants in South Delhi.
( With inputs from ANI )
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