Delhi HC quashes case against Gautam Gambhir over alleged Fabiflu stocking

Drugs control department in July 2021 registered complaint against Gautam Gambhir, his mother, wife, Gautam Gambhir Foundation and its CEO for offences under Drugs and Cosmetics Act

New Delhi: The Delhi high court on Friday quashed a case against India cricket team head coach Gautam Gambhir and his foundation over the alleged unauthorised stocking and distribution of Fabiflu during the second wave of Covid-19.

The trial court, on July 26, had summoned Gautam Gambhir to appear before it, against which he approached the high court. (AFP)

“Complaint case quashed,” a bench of Justice Neena Bansal Krishna said while pronouncing the verdict. A detailed copy of the order is awaited.

The drugs control department had 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.

Section 18(c) of the Act prohibits the manufacture, 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. He had also sought quashing of the summons issued by the trial 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.

The high court, in September 2021, had stayed trial court proceedings; however, the stay was vacated on April 9 this year.

The Delhi Drugs Control Department had opposed the petition, stating that a trial is “imperative to determine the veracity of the allegations”. The counsel said that the plea was not maintainable, as Gambhir had approached the high court directly without first challenging the summons before the sessions court.