Delhi HC issues stay in drug hoarding case against Gautam Gambhir Foundation

In a key development, the Delhi High Court (HC) on Monday stayed proceedings in the case against Gautam Gambhir Foundation (GGF) & others. The case is in relation to the alleged illegal stocking and distribution of COVID drugs during a medical camp held by the foundation during the second wave of the pandemic in Delhi. The GGF trustees - BJP MP Gautam Gambhir, his wife Natasha Gambhir, his mother Seema Gambhir, and CEO Aparajita Singh, are accused in the case. 

Court stays proceedings in drug hoarding case

The GGF, Gautam Gambhir, Natasha Gambhir, and Seema Gambhir had together submitted a petition for quashing the criminal complaint and the summoning order passed by the trial court.

During the hearing of the quashing petition, Senior Advocate Mr Atmaram NS Nadkarni and Advocate Mr Jai Anant Dehadrai with Advocate Sidharth Arora, representing the petitioners, brought to the attention of the court that the charitable activities carried out by the petitioner's foundation do not fall under the purview of Section 18 (c) r/w Section 27 (b)(ii) of the Drugs & Cosmetics Act, 1940, especially since the medicines were dispensed free of cost and under the supervision of medical practitioners.

Hearing the argument, the court of Justice Rajnish Bhatnagar, issued notice to the Drugs Control Department and sought a reply. The court, listing the case for hearing on December 8, said "Till then, the proceedings are stayed." 

Drug hoarding case

A free medical camp was organized by the Gautam Gambhir Foundation at Jagriti Enclave from April 22 to May 7 to assist people suffering from COVID, reports stated. Thereafter on July 8, the Drug Controller of the Delhi Government had launched prosecution in the Court of law against the Gautam Gambhir Foundation, its trustees, and CEO for an offence under Rule 61 and 18 (c) of the Drugs and Cosmetics Act. In addition, AAP leaders Praveen Kumar and Imran Hussain too had leveled similar allegations and launched prosecution.

Speaking about the camp, Gambhir was quoted by the Indian Express as saying, "A total of 2,628 strips of Fabiflu were purchased from authorized vendors against prescription. Respective invoices were obtained by the foundation from the vendors for said purchase."

The cricketer-turned-politician also added that 2,343 strips of the drug were distributed free of cost to the attendants of COVID patients against the prescription produced by them.