Delhi HC stays trial court proceedings against Gautam Gambhir in unauthorised stocking of medical drugs case

New Delhi [India], September 20 : The Delhi High Court on Monday stayed the trial court proceedings against Bharatiya Janata Party (BJP) leader and Member of Parliament (MP) Gautam Gambhir, his Foundation and others for alleged unauthorised stocking of medical drugs.
Justice Rajnish Bhatnagar asked the Drugs Control Department of Delhi to file a reply on the plea filed by the Gautam Gambhir Foundation and listed the matter on December 8 for further hearing.
Gautam Gambhir Foundation and others have challenged the trial Court order which has initiated proceedings against them.
Appearing on behalf of the petitioners, senior advocate Atmaram NS Nadkarni and advocate Jai Anant Dehadrai with advocate Sidharth Arora, brought to the attention of the Court that the charitable activities carried out by the petitioner Foundation do not fall under the purview of Section 18 (c) read with Section 27 (b)(ii) of the Drugs & Cosmetics Act, 1940 especially since the medicines were dispensed with free of cost and under the supervision of medical practitioners.
Earlier Delhi's Drugs Control Department had told the Delhi High Court that it has initiated proceedings against Bharatiya Janata Party leader and Member of Parliament Gautam Gambhir and his Foundation, for allegedly unauthorised stocking of medical drugs.
A magistrate Court in the Rohini courts complex has earlier taken cognisance of the complaint filed by the Drug Controller Department.
Drug Controller Department, in an affidavit filed before the Delhi High Court, had said that sales licenses of all dealers/retailers who have sold Favipiravir Tablets and Medical Oxygen to the Gautam Gambhir Foundation for conducting medical camp and free medical oxygen distribution activity have been suspended for the period of 10 days for contravening the provisions of Drugs and Cosmetics Rules, 1945, after giving them adequate opportunity to submit their explanation.
The department had said, "Based on the inquiries made by the investigating team, a prosecution in the Court of Law has been launched against Gautam Gambhir Foundation, its trustees, and CEO on July 8, 2021, for contravening the provisions of Section 18(c) read with Section 27(b) (ii) of the Drugs and Cosmetics Act, 1940."
The affidavit was filed as per the direction of Delhi High Court issued on June 3, whereby the court asked the Drug Controller Department to take against such persons and file another status report.
That time, the Court was hearing a plea seeking to conduct an inquiry into the distribution of medicines by Gautam Gambhir and another application seeking inquiry against another political leader for distributing oxygen cylinders.
One petitioner Deepak Singh has said that Gambhir was distributing medicine when chemists were running out of stock and submitted that there must be a strong warning against chemists and politicians.
In his petition, Deepak Singh alleged the medical mafia-politicians nexus indulging in black-marketing of Covid-19 medicines.