COVID-19 drugs case: Delhi HC reserves order on Gambhir’s plea to quash complaint 

The Delhi High Court on Friday reserved its order on Indian cricket team head coach Gautam Gambhir’s plea to quash a criminal complaint against him, his foundation, and others for allegedly illegally stocking and distributing COVID-19 drugs during the pandemic.

The court made the decision after hearing the submissions of the counsels for Mr. Gambhir and the Delhi government’s Drug Control Department, which had filed the complaint in 2021.

In his plea, Mr. Gambhir challenged the summons issued by a trial court here against him, his wife, his mother and his foundation, and sought the quashing of the criminal complaint.

The Drug Control Department had filed the complaint against Mr. Gambhir, then the MP from East Delhi, his foundation the Gautam Gambhir Foundation, its CEO Aprajita Singh, his mother and his 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, no less than three years and may extend to five years and a fine.

Mr. Gambhir’s counsel argued that in order to attract the offences the distribution of the drugs had to be for commercial use and in the present case it meant for the needy.

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.