Anadi Tewari
A Delhi Sessions Court recently has granted regular bail to the accused who was the middleman in supplying oxygen concentrator and selling them at an exorbitant price.
Advocate Ravi Drall appearing for the accused went on to argue that the Accused had no role in supplying or contacting the complainant rather he got a phone call from his friend (co-accused) and he just supplied the oxygen concentrator to the complainant as a middleman. Advocate Ravi argued that the Applicant didn’t intend to any inducement, representation to the complainant, or trading in the said products.
Additional Public Prosecutor for the State went on to submit that the applicant/accused has been involved in the present case on disclosure of the co-accused/main accused Gurmeet who is the person stated to be dealing in oxygen concentrator. The allegations against the applicant/accused are that he arranged a defective oxygen concentrator and provided it to the coaccused Abhishek Kalra, who in turn supplied it to the complainant. It is conceded that the amount that was received by the applicant/accused has been returned by him / compensated to the complainant.
Additional Sessions Judge Preeti Agrawal Gupta, while granting bail to the accused went on to observe that:
“The intention of the Court of law is to bring to the task and hamper any such efforts that may be made by the black marketeers and hoarders, who are dealing with essential supplies pertaining to the patients of COVID-19 infection. The facts of the present case reveal that the applicant / accused has been an intermediatory who dealt with arranging one oxygen concentrator at the request of a friend and stated to have purchased it from the main accused Gurmeet Singh. There are no allegations of inducement, representation to the complainant, or trading in the said products.”
“It is also considered that the supplied product is stated to have been defective, taken back and the complainant has been compensated with the whole amount, stated to have been paid by the applicant/accused,” the Court further noted.
On account of prima facie view of these facts, the Court observed that no purpose shall be served in further incarceration of the accused in custody as he shall face trial as per law. The accused/applicant was granted bail on furnishing bail bond in the sum of Rs. 50,000/with one surety.
Background of the Case
Two people (including the applicant) were arrested by the Ashok Vihar Police on May 1 for allegedly being involved in the black marketing of the oxygen concentrator amid the massive surge in COVID-19 cases in the national capital.
A Complaint was filed by one Bharat Juneja, staging that he purchased an oxygen concentrator worth Rs. 1.65 Lakhs from the accused but the same not being in the working condition.
Subsequently, an FIR was registered under Sections 420/34/120B of the Indian Penal Code, 1860 and the Essential Commodities Act against the two accused.
Case Details: State v. Anuj Minda [w.r.t. FIR No. 181/21 under Section 420/34/120B of the Indian Penal Code, 1860 and Essential Commodities Act]