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Supreme Court Seeks Delhi Police Response On Matrix Cellular's Plea To Release Seized Oxygen Concentrators

Srishti Ojha
24 July 2021 4:50 AM GMT
Supreme Court Seeks Delhi Police Response On Matrix Cellulars Plea To Release Seized Oxygen Concentrators
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The Supreme Court on Friday adjourned the plea by Matrix Cellular Limited against Delhi High Court's order denying relief in its plea seeking immediate release of its oxygen Concentrators seized by Delhi Police.A Bench headed by Justice Nariman has also granted 3 weeks time to Delhi Police to file the counter affidavit after a request for the same was made by ASG Raju."3 weeks for counter....

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The Supreme Court on Friday adjourned the plea by Matrix Cellular Limited against Delhi High Court's order denying relief in its plea seeking immediate release of its oxygen Concentrators seized by Delhi Police.

A Bench headed by Justice Nariman has also granted 3 weeks time to Delhi Police to file the counter affidavit after a request for the same was made by ASG Raju.

"3 weeks for counter. One week for rejoinder. List on non-miscellaneous day." the Bench said.

Matrix Cellular's oxygen Concentrators were seized by Delhi Police after observing that the said items were "found under suspicious circumstances"

On June 29th, a Division Bench of Justice RF Nariman, Justice BR Gavai and Justice KM Joseph had issued notice returnable in three weeks after hearing submissions made by Senior Advocate Mukul Rohatgi appearing for the petitioner.

Matrix Cellular in its plea has argued that the High Court's order is liable to be set aside as despite recognising that the investigation into the matter was at a preliminary stage, the Impugned Order proceeds to make broad sweeping and unwarranted observations about the Petitioner's alleged role in the matter which has the effect of permanently colouring the investigation against the Petitioner.

Prima facie observing that the acts of Matrix Cellular Limited was in violation of Office Memorandum issued by Government of India, the Delhi High Court had denied relief in its plea seeking immediate release of oxygen Concentrators seized by Delhi Police after observing that the said items were "found under suspicious circumstances" and that the police was authorised in seizing the same.

A single judge bench comprising of Justice Yogesh Khanna observed thus:

 "Thus, a conjoint reading of the FIR, invoices and receipts produced by the petitioner along with the fact that the seized oxygen concentrators were allegedly sold at a huge profit margins in contravention of laws, rules and executive orders pointed out above. The facts show the petitioner was engaged in selling untested oxygen concentrators to people desparate for these devices and at an exorbitant prices through false representations, especially, when the State and the whole country saw a unprecedented surge of covid-19 infections and sever lack of oxygen cylinders and/or concentrators."


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