Selling ‘Defective’ COVID-19 Equipment At Inflated Prices During Second Wave Of COVID: Delhi HC Rejects To Quash Case

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Justice Dinesh Kumar Sharma rejected Matrix Cellular’s plea, citing the seriousness of the allegations, including the sale of substandard oxygen concentrators at excessive prices amid the acute crisis. He emphasized:

NEW DELHI: The Delhi High Court has declined to quash criminal proceedings against Matrix Cellular, accused of hoarding and selling defective COVID-19 equipment at inflated prices during the pandemic’s second wave.

Justice Dinesh Kumar Sharma rejected Matrix Cellular’s plea, citing the seriousness of the allegations, including the sale of substandard oxygen concentrators at excessive prices amid the acute crisis. He emphasized:

“The allegations of selling untested oxygen concentrators for wrongful gains, exploiting the crisis, and compelling people to spend their hard-earned money cannot be ignored. The profit margins were significantly high, especially during the pandemic.”

The Court noted that further investigation is required to determine whether the oxygen concentrators met WHO-recommended parameters. The case originated from police raids in Delhi during the pandemic’s second wave, uncovering hoarded oxygen concentrators, cylinders, and KN-95 masks.

An FIR was filed against the accused for offenses including cheating and negligence related to spreading life-threatening diseases.

Matrix’s counsel argued that the equipment was procured legitimately and that the company, acting as a designated Collection Centre during the pandemic, was wrongfully accused of hoarding.

The Court reiterated that FIRs are only quashed in exceptional circumstances, stating:

“The petitioner may approach the appropriate forum after the investigation concludes. The contentions raised remain open for future consideration. No comments herein affect the case’s merits.”

Senior Advocate Mohit Mathur, along with Advocates Samudra Sarangi, Abhilasha Khanna, and Tanay Chaturvedi, represented the petitioners. The State was represented by Additional Standing Counsel Amol Sinha, with Advocates Kshitiz Garg, Ashvini Kumar, and Chavi Lazarus.

Case Title: Matrix Cellular International Services Limited & Ors v. State NCT of Delhi

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Minakshi Bindhani

LL.M( Criminal Law)| BA.LL.B (Hons)

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