SC seeks Centre's response on PIL to invoke NSA in hoarding, adulteration, black marketing cases

New Delhi [India], August 29 : The Supreme Court on Monday sought the response of the Centre and State governments on Public Internet Litigation (PIL) to invoke the National Security Act (NSA) against the person involved in hoarding, profiteering, adulteration and black marketing and seize their 100 per cent Benami properties and disproportionate assets.
The Bench of Justice S Abdul Nazeer and Justice V Ramasubramanian on Monday sought responses from respondents in four weeks.
The plea was filed by advocate Ashwini Upadhyay seeking direction to the Centre to examine the International Laws relating to hoarding, profiteering, adulteration and black marketing and take appropriate steps to insert a Chapter for these offences in the Indian Penal Code.
It further sought direction that Section 31 of Cr.P.C shall not apply to the laws relating to hoarding, profiteering, adulteration and black marketing and the sentence shall be consecutive, not concurrent.
In the alternative, it is prayed that the Court direct the Law Commission of India to examine International Laws related to hoarding, adulteration, profiteering and black marketing and prepare a report within three months.
The plea said that the petitioner came to know through newspapers that many EWS and BPL citizens died outside the hospital though beds were available.
"It is the duty of the State to protect the life of citizens, but it has totally failed in its obligation during this time of crisis. Thousands of EWS and BPL citizens died on the streets, in vehicles, in hospitals compounds and in their homes due to hoarding of hospital beds, adulterated Covid medicines, black marketing of medical equipment like oxygen cylinders and huge profiteering in the sale of life-saving injections like Remdesivir, Tocilizumab etc", plea added.
The Drugs and Cosmetics Act, sale of spurious drugs likely to cause death or grievous hurt carries a sentence of ten years, besides a fine of Rs 10 lakhs or three times the value of the drugs seized, the plea said, adding that the sentence and financial penalties must be stiff enough to pay for reimbursement and compensation to victims.
If there is a direct link between loss of life and hoarding, profiteering, adulteration and black marketing, then the financial penalty must cover the compensation to the victim's family, it added.
The petitioner further stated that hoarding profiteering adulteration and black marketing are done through cash, hence, respective agencies must investigate black money, Benami property and disproportionate assets.
Amid a surge in Covid cases in India, the demand for oxygen supply has soared in hospitals across the country, said the petition.
"Several hospitals have reported an acute shortage of medical oxygen, an essential resource needed for the treatment of coronavirus patients. As demand increased, the black market for medical oxygen grew exponentially. As India faces a shortage of oxygen supply, profiteers are using this public healthcare crisis to charge exorbitant prices, sometimes even a hundred times the marked price. One News channel conducted an investigation in Delhi and found out that an oxygen vendor was selling gas cylinders for fifty times the marked price. Therefore, the Centre must enact stern provisions against profiteering," plea contended.
The offences of hoarding profiteering adulteration black marketing must be non-bailable, non-compoundable with hefty fines, it said, adding that there should be specially designated fast courts and regulatory infrastructure.