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Key Takeaways

  • The order came at the request of Matrix Cellular, whose office was located in Mehrauli, 5 May, and whose concentrators were confiscated by the police during searches at the Lodhi Colony collecting centre.
  • The corporation contended before the court these things are being marketed by Amazon and other online portals and independently the activities of the petitioner represent a misconformity of the investigating officer concerned.

Overview

  • The facts show that the petitioner was involved in the sale of untested oxygen concentrations by false representations, particularly when the state and the country as a whole saw the unprecedented growth of covid 19 infections and the severe shortage of oxygen cylinders and / or concentration systems," said Justice Yogesh Khanna.
  • The Court further noted that no criminal activities undertaken by the Delhi Police emerged in the case at the time of the State's acute scarcity when it confiscated oxygen concentrateurs.
  • The policeman had acted and captured the material when information was received about black marketing and medical device hosting (the concentrator) and infringements of the law orders," the court said, while refusing to accept Matrix's submission that the law enforcement police acted arbitrarily or had no legal support.
  • Since the investigation has therefore reached the initial stage, the Court cannot grant the reliefs for which this petition relates, other than concentrator marks so confiscated and its coloured photographs kept by the respondent (Delhi Police for future reference), the Court noted in its 17-page order.
  • The petitioner's firm has argued that the concentration of oxygen and not oxygen cylinders are being handled, and the confiscated equipment is sold on the counters and is not a restricted item.
  • 32 oxygen concentration boxes of 9 and 5 litres have been retrieved, according to the request, one thermal scanner box and the Masks of KN-95 are retrieved. Following this, a FIR was launched and four people were detained.

Court’s order

  • The Court stated that there appeared to be no illegality committed by Delhi Police when it seized the oxygen concentrators in the present case at a time when the State was reeling under acute shortage.
  • The Single Judge bench said that "The petitioner's prima facie act (Matrix Cellular) violated an office Memorandum dated 29 June 2020 issued by the Ministry of Chemicals and Enrichment, Government of India, which directed the petitioner and other such parties not to increase oxygen concentrate prices by more than 10% of the maximum retail price p Oxygen concentrators.
  • The court also stated the release of the concentrations would be a breach last month of the bench ruling, when it said that such equipment would be lodged with the district magistrate who would disperse the equipment further for usage after the severe shortage.
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