New Delhi: The Delhi drugs control department on Friday opposed Indian cricket team head coach Gautam Gambhir and his foundation’s plea before the Delhi High Court to quash a case related to the alleged unauthorised stocking and distribution of Fabiflu during the second wave of Covid-19, stating that a trial is “imperative to determine the veracity of the allegations”.
Even as a bench of justice Neena Bansal Krishna reserved its verdict on the former Bharatiya Janata Party (BJP) MP’s petition — which also seeks to quash the summons issued by the trial court — the drugs control department’s counsel argued that the plea was not maintainable, as Gambhir had approached the high court directly without first challenging the summons before the sessions court.
“They are challenging the summoning order, it’s a revisable one, they must have approached the sessions court. Trial has to take place, to determine the veracity of the allegations,” the department’s lawyer said.
The drugs control department in July 2021 registered a complaint against Gautam Gambhir, his mother Seema, and wife Natasha, in addition to the Gautam Gambhir Foundation and its CEO Aprajita Singh, for offences under Section 18(c) read with Section 27(b)(ii) of the Drugs and Cosmetics Act, after a division bench of the high court directed it to conduct inquiries against people stocking and distributing medicines, as it was a violation of the Act.
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Section 18(c) of the Act prohibits the manufacturing, sale, and distribution of drugs without a licence, and Section 27(b)(ii) makes sale and distribution without a valid licence punishable with imprisonment for a term not less than three years, which may extend to five years, and with a fine.
The trial court, on July 26, had summoned Gambhir to appear before it, against which he approached the high court.
In his petition before the high court, Gambhir contended that the complaint against him could not be justified because he had distributed medicines free of cost to those in need and did not sell them to make a profit. He added that his family members had also been named in the complaint for no reason.
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The high court, in September 2021, had stayed trial court proceedings; however, the same was vacated on April 9 this year.
On Monday, the high court, while cautioning Gambhir against “name-dropping”, refused to immediately recall its order vacating the stay.
