The Delhi High Court refused to grant relief to Matrix Cellular Services and refused to order the return of the oxygen concentrator seized by the Delhi Police. Rejecting the company’s demand, the High Court has said in its judgment that the investigation of the case is in the initial stage, in such a case that the seized oxygen concentrator can not be ordered to be returned yet. The Delhi Police has seized the company’s oxygen concentrator on charges of hoarding and black marketing.
Justice Yogesh Khanna said in his judgment on Thursday that it appears that the law has not been violated by the Delhi Police in confiscating the oxygen concentrator. The High Court has said that the police took this action when there was a huge scarcity of oxygen in the state during the epidemic and the needy people were wandering rate by rate for the sake of saving the lives of their patients.
The High Court has stated that prima facie the petitioner company was ignoring the order issued by the central government in June last year in which the company or other companies like it were instructed not to increase the price of oxygen concentrator. The court has said that if an order is made to return the seized oxygen concentrator to the petitioner, it would also be in violation of the order of the two-judge bench. A two-judge bench had ordered police and district officials to use the oxygen concentrator and other medical equipment seized in black market for needy patients. Along with this, the High Court rejected the company’s demand to return the seized oxygen concentrator by the Delhi Police.
The company had told the High Court that it had imported the oxygen concentrator by following all legal procedures and paying customs and GST. Arguing this, the company demanded the return of the oxygen concentrator seized by the police. The Matrix Cellular Services Company had sought an order from the High Court to invalidate the seizure of 419 oxygen concentrators by the Delhi Police and return it. The company said that it has complied with all laws to import it and paid customs and GST. The Delhi Police, on the other hand, told the court that the company was selling the imported oxygen concentrator at low rates to people at rates much higher than the maximum retail price (MRP) with complete secrecy.