Matrix Cellular case: Supreme Court issues notice to Delhi Police & asks to file counter

Shivani Pandey-

The Supreme Court adjourned the plea filed by Matrix Cellular Limited against Delhi High Court’s order declining relief in its plea seeking release with immediate effect of its oxygen Concentrators held by Delhi Police.

A Bench led by Justice Nariman has also granted 3 weeks time to Delhi Police to file the counter affidavit.

“3 weeks for the counter. One week for rejoining. List on non-miscellaneous day.” the Bench stated.

Matrix Cellular’s oxygen Concentrators were taken up by Delhi Police after discovering that the said items were “found under suspicious circumstances”

On June 29th, a Division Bench comprising Justice RF Nariman, Justice BR Gavai and Justice KM Joseph had furnished a notice returnable in three weeks after hearing to Senior Advocate Mukul Rohatgi representing the petitioner.

Matrix Cellular in its plea has asserted 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 challenged Order proceeds to make broad and unwarranted notice of the Petitioner’s alleged role in the issue.

 A single judge bench of Justice Yogesh Khanna stated that, “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 desperate 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 severe lack of oxygen cylinders and/or concentrators.

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