Siblings accused of hoarding oxygen equipment granted bail

New Delhi: A Delhi court on Wednesday granted bail to two siblings arrested by the Delhi Police for allegedly hoarding oxygen concentrators and selling them at exorbitant prices while noting that it would be "quite contrary" to the concept of personal liberty as enshrined in the Constitution if a person is imprisoned before conviction.

Significantly, Additional Sessions Judge Naveen Kumar Kashyap, while granting bail to Himanshu Handa and Ayush Handa also noted, "... one must not lose sight of the fact that any imprisonment before conviction has a substantial punitive content and it would be improper for any court to refuse bail as mark of disapproval of former conduct whether the accused has been convicted for it or not or to refuse bail to an unconvicted person for the purpose of giving him a taste of imprisonment as a lesson."

According to reports, the Delhi Police had recovered around 170 oxygen concentrators and two luxury cars - an Audi and Mercedes - from four people, including the two siblings. The police accused them of hoarding the essential medical equipment and in times of the pandemic and selling them to people at exorbitant rates.

However, in court, Senior Advocate Vikas Pahwa, on behalf of the accused siblings, noted that the FIR in the case included all bailable charges except for Section 420 IPC, which also does not hold ground in this case because the FIR does not have any complainant - a pre-requisite to invoke this section, according to him.

Furthermore, the counsel for the accused argued that the purchase of the concentrators was a bona fide purchase to be delivered to the Sarvodaya Hospital and that documents in this regard had already been submitted.

The prosecution opposed the bail, saying the accused hoarded the items and sold them to people at exorbitant rates. It called it a well-planned conspiracy.

While granting bail, the court also noted that "the liberty of an individual is not absolute".

The bail was granted on a personal bond of Rs 50,000 and a sound surity of the like amount each with the condition that the accused not indulge in activities for which they are being investigated, submit for probe whenever asked, not leave the country without court's permission, and not threaten witnesses or tamper with evidence.