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Delhi court refuses anticipatory bail to Navneet Kalra

Additional Sessions Judge Sumit Dass said, “Tomorrow, the matter is listed before Sessions Judge, South, Saket Court, for further orders. No interim protection.”

A Delhi court refused to grant anticipatory bail to businessman Navneet Kalra, who is accused of black marketing oxygen concentrators amid the Covid-19 outbreak in Delhi. The Court has listed the matter tomorrow before the Sessions Judge, Saket Court.

Additional Sessions Judge Sumit Dass said, “Tomorrow, the matter is listed before Sessions Judge, South, Saket Court, for further orders. No interim protection.”

During the hearing today, Atul Shrivastava, the public prosecutor, opposed the anticipatory bail application. He said since the Crime Branch is investigating the matter, it should go to another court.  “If the application was declined then, it will go to the Additional Sessions Judge Sandeep Garg,” he added. 

Kalra’s counsel Vineet Malhotra submitted that his client was being hounded. He submitted that this application was filed on May 7, when this was filed there was no case against me. Investigation was done by Police Station, Lodhi Colony. Inspector Praful Kr Jha was investigating. Yesterday, a look-out notice was issued. It’s shocking, here is a man who himself said he is selling oxygen concentrator to third party. Is he a liar? It was 8 days before the registration of FIR. At the same price as the others.

The prosecutor argued that this court has no jurisdiction. Pursuant to the transfer of the investigation this matter should be heard by Sandeep Garg, Additional Sessions Judge, Crime Branch.

Kalra’s counsel submitted that this court has jurisdiction as per the Judgment of SC in Gurbaksh Singh Sibba Vs State of Punjab, which said it may be advisable for the Court which is approached with an application under 438 CrPC depending upon the seriousness of the threat (of arrest) to issue notice to PP and obtain facts, even while granting limited interim anticipatory bail. 

The court yesterday had refused to grant any stay on Delhi Police’s coercive action. “No stay on Delhi Police’s coercive action,” said the ASJ Dass. 

The Court had directed the Investigation Officer to file its reply on the anticipatory bail application.  

Navneet Kalra has been accused of black marketing oxygen concentrators amid the Covid-19 outbreak in Delhi. The Delhi Police seized oxygen concentrators from his restaurant Khan Chacha in Khan Market.

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