Delhi HC reserves order on Gautam Gambhir's plea to quash COVID drugs case

New Delhi, Aug 29 (PTI) The Delhi High Court on Friday reserved its order on a plea by Indian cricket team head coach Gautam Gambhir seeking quashing of a criminal complaint against him, his foundation and others for allegedly illegally stocking and distributing COVID-19 drugs during the pandemic.

Justice Neena Bansal Krishna heard the submissions of the counsel for Gambhir and Delhi government's Drug Control Department which had filed the complaint.

The high court was hearing a plea challenging the summons issued by a trial court against Gambhir, his wife, mother and the foundation and seeking quashing of the criminal complaint.

The Drug Control Department has filed a complaint against Gambhir, then MP from east Delhi, his foundation, its CEO Aprajita Singh, his mother and wife, Seema Gambhir and Natasha Gambhir, respectively -- both trustees in the foundation -- 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 drugs without a licence whereas Section 27(b)(ii) makes sale, distribution without valid licence punishable with imprisonment for a term, not be less than three years but which may extend to five years and with fine.

On September 20, 2021, the high court stayed the trial court proceedings in the case and sought response from the Delhi drug control authority on the petition filed by the Gautam Gambhir Foundation, Gambhir and his family members.

They challenged the criminal complaint and the summoning order passed by the trial court in the case.

On April 9, the high court vacated the stay on the trial court proceedings and Gambhir filed a fresh application seeking recall of the order.

Advocate Jai Anant Dehadrai, representing Gambhir, argued in order attract the offences the distribution of the drugs had to be for commercial use and in the present case it meant for the needy.

"My (Gambhir) intention was purely to help needy people. I was not attempting to do anything else. It is a fit for quashing the summoning order and the criminal complaint," he said.

The Drug Control Department counsel opposed the plea saying the plea was not maintainable as Gambhir had directly moved high court instead of first moving the revisional court of sessions.

The prosecution's counsel said the petitioners had admittedly distributed the drugs without a valid licence and their only defence was not having sold it.

"At this stage, the veracity of the allegations cannot be looked into," he said.

As the counsel for Gambhir said the matter was coming up in the trial court on September 8, the high court asked the counsel to seek an adjournment. PTI SKV SKV AMK AMK