Delhi High Court quashes case against Gautam Gambhir Foundation booked for hoarding COVID-19 drugs

The Delhi High Court on Friday quashed criminal proceedings initiated against the Gautam Gambhir Foundation which was booked for allegedly stocking and distributing COVID-19 drugs illegally during the second wave of the pandemic [Gautam Gambhir Foundation and ors v. State NCT of Delhi].

Justice Neena Bansal Krishna passed the order.

The proceedings had earlier been stayed by the High Court in September 2021.

The High Court today allowed the petition moved by the Foundation to quash the case as well orders passed by a Metropolitan Magistrate in the matter.

The High Court was told that the Foundation had distributed COVID-19 medicines in a medical camp after having procured the same from legal vendors. There has not been any complaint that the medicines were sold at a price, it was further submitted.

In June 2021, the Drug Controller of Delhi had informed the Delhi High Court that Gautam Gambhir Foundation is guilty under provisions of the Drugs and Cosmetics Act for unauthorised purchase and procurement of Fabilflu and oxygen amid the shortage of the same during the second wave of the COVID-19 pandemic.

In its order dated June 3, 2021, the High Court had directed that the Drug Controller should go for only such violators whose conduct resulted in blocking or choking the supply of relevant drugs.

Subsequently, a criminal complaint was registered against the Foundation before the Metropolitan Magistrate.

In July, 2021, the Supreme Court had refused to stay the proceedings initiated by the Drug Controller of Delhi against the Foundation.

While refusing to entertain the plea, the apex court had asked the Foundation to approach the Delhi High Court for relief.

While doing so the top had also remarked,

"People were running helter skelter for medicines drugs etc. Suddenly a trust comes and says we will give you medicines. This is not done."

Advocates Jai Anant Dehadrai and Srutee Priyadarshini appeared for Gautam Gambhir.

Additional Public Prosecutor (APP) Utkarsh appeared for the State.