The Delhi High Court has dropped all criminal charges against the Gautam Gambhir Foundation over alleged illegal stocking of COVID-19 medicines during the second wave. The court found no proof of black marketing or misuse of drugs distributed in public interest.
New Delhi: The Delhi High Court on Friday put an end to the criminal case filed against the Gautam Gambhir Foundation, which was earlier accused of illegally stocking and distributing COVID-19 medicines during the deadly second wave of the pandemic.
The case was registered under allegations that the Foundation had purchased and supplied COVID-19 drugs without proper authorisation. The matter was heard in the case titled Gautam Gambhir Foundation and others versus State NCT of Delhi.
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Justice Neena Bansal Krishna passed the final order, bringing major relief to the Foundation.
The criminal proceedings in this matter were already stayed by the High Court back in September 2021, and after detailed consideration, the Court has now officially quashed both the criminal complaint and the related orders passed by the Metropolitan Magistrate.
During the hearing, the High Court was informed that the Gautam Gambhir Foundation had distributed COVID-19 medicines through a medical camp as a humanitarian step during the peak of the crisis.
The Foundation clarified that the medicines were purchased only from authorised and legal vendors. It was also highlighted that no complaint was ever made alleging that these medicines were sold for profit or at any price, as they were provided free of cost to people in need.
The background of the case dates back to June 2021, when the Drug Controller of Delhi stated before the High Court that the Gautam Gambhir Foundation was guilty under provisions of the Drugs and Cosmetics Act for unauthorised procurement and distribution of medicines like Fabiflu and oxygen at a time when there was a severe shortage during the second wave of COVID-19.
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In its earlier order dated June 3, 2021, the High Court had made it clear that action should be taken only against those whose conduct resulted in blocking or choking the supply of essential COVID-19 drugs.
Despite this direction, a criminal complaint was later filed against the Foundation before the Metropolitan Magistrate, leading to further legal proceedings.
In July 2021, the Supreme Court also dealt with the issue and refused to stay the proceedings initiated by the Drug Controller of Delhi.
While declining to interfere, the apex court asked the Foundation to seek relief from the Delhi High Court instead. At that time, the Supreme Court had observed critically on the situation and stated,
“People were running helter skelter for medicines drugs etc. Suddenly a trust comes and says we will give you medicines. This is not done.”
Eventually, the Gautam Gambhir Foundation moved the Delhi High Court seeking quashing of the criminal proceedings.
After hearing both sides and examining the facts, the High Court concluded that there was no evidence of illegal sale or misuse and that the medicines were procured from legal sources and distributed in public interest during an emergency situation.
With this, the High Court allowed the petition filed by the Foundation and set aside the criminal complaint along with the orders passed by the Metropolitan Magistrate, effectively closing the case.
Advocates Jai Anant Dehadrai and Srutee Priyadarshini represented the Gautam Gambhir Foundation, while Additional Public Prosecutor Utkarsh appeared on behalf of the State.
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