Delhi HC quashes case against Gautam Gambhir, his foundation and others

NEW DELHI: The Delhi High Court on Friday quashed the criminal complaint filed against Indian cricket team head coach Gautam Gambhir, his charitable foundation, and his family members over allegations of hoarding and unlicensed distribution of COVID-19 medicines during the second wave of the pandemic.

While pronouncing the verdict, Justice Neena Bansal Krishna said, “Complaint case quashed.” A detailed order is awaited.

The petition was filed by the Gautam Gambhir Foundation, Gautam Gambhir, his mother Seema Gambhir, and his wife Natasha Gambhir, seeking the quashing of the complaint lodged by the Drugs Control Department of the Delhi Government and the subsequent summons issued on August 26, 2021.

The case related to allegations that the foundation had procured and distributed COVID-19 medicines without a valid licence during the deadly second wave. The petitioners clarified that they had organised a medical camp between April 22, 2021 and May 7, 2021, at the height of the crisis.

According to the plea, the camp was run under the supervision of a volunteer doctor from the Hospital, and medicines and food were provided free of cost to the poor, needy and underprivileged residents of Delhi.

The petition stated that even the complaint filed by the Drug Controller on July 8, 2021, acknowledged that the camp operated under a doctor’s supervision. It further pointed out that there was no allegation whatsoever of hoarding or stocking of medicines or oxygen by the petitioners.

Appearing for the petitioners, Advocate Jai Anant Dehadrai, along with Advocate Siddharth Arora, argued that the Magistrate had “erroneously” taken cognisance of the complaint and issued summons without any legal basis.

Dehadrai submitted that the prosecution’s case was fundamentally flawed because Section 18(c) read with Section 19(3) of the Drugs and Cosmetics Act clearly indicated that the charitable activity undertaken by the foundation did not fall under the prohibited categories.

He argued that no offence under the Act was disclosed, as the foundation’s role was limited to offering financial support and organising a medical camp under proper medical supervision.

Justice Neena Bansal Krishna had earlier reserved the order after hearing detailed submissions from both sides, the petitioners and the Delhi Government. Observing that the case lacked substance, the High Court has now quashed the criminal complaint and brought an end to the proceedings initiated in 2021. (ANI)