Gautam Gambhir foundation held guilty of ‘Unauthorized’ distribution of covid-19 meds and hoarding of Fabiflu: Drug Controller tells Delhi High court3 min read


A bench comprising of Justice Vipin Sanghi and Justice Jasmeet Singh was informed by the ASC Nandita Rao appearing for drug controller, GNCTD. AAP MLA Praveen Kumar has also been found guilty of committing similar offenses.

“By doing so, M/S Gautam Gambhir Foundation has contravened the provisions of the Drugs and Cosmetics Act, 1940 & Rules thereunder and therefore have committed an offense which is prosecutable/punishable under Section 27 (b) (iii) and 27 (d) of the said Act,” the controller said in its report to the Delhi High court.

During the hearing, Rao told the court that during the investigation, it was discovered that the Gautam Gambhir Foundation had purchased more than 2,000 strips from licensed dealers without having a valid license. The show-cause notice is sent to these companies for violating the provisions of the Drugs and Cosmetics Act, and these companies are also responsible for selling drugs to the unlicensed firm i.e. Gautam Gambhir Foundation.

“We have found them in contravention. Identical language is used for them as the dealers. Identical action will be taken.” Drug Controller submitted.

To this justice Sanghi asked that shall they assume that you’ll take action against the foundation? Rao replied in affirmation.

We want the Drug Controller to color everybody from the same brush.” Court remarked.

Similarly, Justice Sanghi observed:

“We’re again saying, what Mr. Gambhir did was in a public spirit. But at what expense? At the expense of needy people. If I need a medicine today but I’m not getting it because somebody else did. The stock wasn’t available to the needy for nearly two weeks. You did charity but you also caused a lot of impediments. You caused a shortage in society. The general patients who needed the medicines couldn’t get it.”

He also remarked that “Just because I want to create popularity, want to get myself prepared for the next election. This shouldn’t be the criteria. That’s why we want you to take action so that it becomes a lesson for others.”

The court ordered the drug controller to submit a status report within 6 weeks and posted the case for additional hearing on July 29.

During the previous hearing court pulled the drug controller of Delhi government for frivolous investigation .

You want us to shut our eyes. You can’t take it for a ride. If you think we are so gullible, we are naive, we’ll give you back hard. You better do your job.” remarked the bench.

This development came after the court asked the drug controller to file fresh status reports in reference to the probe against BJP MP Gautam Gambhir and AAP MLA Preeti Tomar and Praveen Kumar for hoarding and stocking covid-19 medicines and also slammed it for giving clean chit with proper investigation.

“If your Drug Controller is not interested in doing the job, then we will ask that he be removed and let somebody else take over. What investigation? This is trash. There is no legal basis to it,” the court had remarked last week.

The divisional bench of Delhi high court comprising of justices Vipin Sanghi and Jasmeet Singh is also hearing all the matter related to surge in the covid-19 second wave and Black Fungus.

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