The Delhi court today stayed the proceedings before an endeavor court against cricketer-turned-politician Gautam Gambhir, his foundation et al. in a very case associated with the alleged illegal stocking and distribution of COVID-19 drugs.
Justice Rajnish Bhatnagar sought response from the Delhi drug control authority on the petition by Gautam Gambhir foundation, Mr Gambhir and his members of the family who are accused within the case, assailing the criminal complaint and therefore the summoning order gone along the tribunal within the case.
Listing the matter for further hearing on Immaculate Conception, the judge said, “Till then the proceedings are stayed”.
Drug Control Department has filed a complaint against the Member of Parliament from East Delhi, his foundation, its CEO Aprajita Singh, his mother and wife, Seema Gambhir and Natasha Gambhir, respectively — who are both trustees within the foundation — for offences under section 18(c) read with section 27(b)(ii) of the Drugs and Cosmetics Act.
Section 18(c) prohibits manufacture, sale and distribution of medication without a licence and Section 27(b)(ii) makes sale, distribution without valid licence punishable with imprisonment for a term, not but three years but which can reach five years and with fine.
Senior advocate ANS Nadkarni, representing the petitioners, submitted that no case was made out against his clients because the foundation was distributing free COVID-19 medicines through a medical camp which it had been an admitted incontrovertible fact that such medicines weren’t being “sold for a price”.
Lawyer Nandita Rao, appearing for the Drug Control Department, stated that a licence to deal in such medicines was necessary and also the law didn’t distinguish between sale and distribution.
In his petition filed through lawyer Jai Anant Dehadrai, the petitioners have said that concluding a charitable activity during an unprecedented catastrophe didn’t require any licences and initiating criminal proceedings for such acts would be a gross miscarriage of justice.
“The charitable activities of the petitioners in procuring medicines and oxygen cylinders to tend away under the supervision of doctors free isn’t covered as an activity requiring license under Section of 18 (c) of the Act, 1940, and thus, would be not an offence under Section 27 of the Act of 1940. Thus, at a threshold analysis itself, it’s evident that the Impugned Complaint may be a gross abuse of process of the Hon’ble Court,” the plea said.
The plea further clarified that neither Mr Gambhir nor any of the opposite trustees had any intention to violate the law which “it were the compelling circumstances of the deadly pandemic compounded by mass deprivation and inability to afford medicines that compelled the Petitioners to require this humanitarian step of organizing a medical camp, within the face of the pandemic, to assist the needy”.
It said that the humanitarian activities applied within the trying times of the deadly pandemic by the petitioners can not be labelled as an offence or violation under the law.
The plea further claimed that the procurement of medicines made by the muse, under medical supervision and against documented invoices, failed to obstruct the availability chain of the medication in any manner.
“The incontrovertible fact that almost 2,400 strips of the entire approximately 2,600 stripes were provided to the participants of the camp within the span of 16 days, is in no uncertain terms indicative of the very fact that the medicines were indeed given soon after procurement,” the plea said.
It contended that the cognizance of the drug control authority’s complaint by the court was with none application of mind.
In July, the judicature had issued summons to all or any accused within the case saying that the complainant had been able to prima-facie prove the commission of the offence under the Drugs and Cosmetics Act.
It had recorded that as per the prosecution, Gautam Gambhir et al from the inspiration allegedly stocked and distributed drugs namely Favipiravir tablets and medical oxygen during a medical camp held from April 22, 2021 to May 18, 2021.
Last month, the judicature had listed the case against the muse for further hearing on February 7, 2022.
On June 3, Delhi’s drug controller had told the Delhi state supreme court that Gambhir Foundation was allegedly found guilty of unauthorised stocking, procuring and distributing fabiflu medicine to COVID-19 patients.
The supreme court had deprecated the style during which an enormous quantity of the drug was procured and said that the real patients who needed the drugs at that exact time couldn’t get the picture because the bulk stock was withdrawn by Mr Gambhir.
The drug controller also submitted that action are taken directly against the inspiration.
