"No knowledge" of whether Gautam Gambhir distributing life-saving medicine for "charitable purpose or political gain": Delhi Drug Control Deptt
Dec 08, 2021
New Delhi [India], December 8 : Delhi Drugs Control Department has submitted in Delhi High Court that "it is beyond their knowledge" that distribution of life-saving drugs 'Favipiravir' is for "charitable purpose or political gain."
"It is beyond the scope of the knowledge of the Respondent whether the actions of the Petitioners were for charitable purposes or political gain," said Delhi Drugs Control Department in an affidavit.
The affidavit was filed by Delhi Drugs Control Department in response to a petition filed by Bharatiya Janata Party (BJP) leader and Member of Parliament (MP) Gautam Gambhir, his Foundation challenging a trial court order which has issued summon against them
The department said that there is no exemption for illegal stocking and distribution of other drugs.
The affidavit also pointed out that the petitioners' organization, was found procuring and distributing medicines in an illegal manner to the constituents of MP Gautam Gambhir.
"Though it is not relevant under the Drugs Act, which is a strict liability offence, however, it is denied for want of knowledge whether the purpose of the Petitioners was for charitable service or political gain," the affidavit said.
Earlier in September, the Delhi High Court had stayed the trial court proceedings against Bharatiya Janata Party (BJP) leader and Member of Parliament (MP) Gautam Gambhir, his Foundation, and others for alleged unauthorized stocking of medical drugs.
Gautam Gambhir Foundation and others have challenged the trial Court order which has initiated proceedings against them. Delhi Drugs Control Department has opposed the petition, urging Delhi HC to dismiss it.
The matter was scheduled for hearing today but proceedings were adjourned to March as the concerned judge was on leave.
Appearing on behalf of the Petitioners, Senior Advocate Atmaram N.S. Nadkarni and Advocate Mr. Jai Anant Dehadrai with Advocate Sidharth Arora, had 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 unauthorized stocking of medical drugs.
A magistrate Court in the Rohini courts complex has earlier taken cognizance of the complaint filed by the Drug Controller Department.
