Delhi Hight Court drops criminal case against Gautam Gambhir in Covid-19 drug hoarding row

The Delhi High Court provided big relief to India's head coach Gautam Gambhir, his charitable foundation, and his family members by quashing the criminal case related to the alleged illegal stocking and distribution of COVID-19 drugs during the pandemic.

High Court clears Gambhir of wrongdoing in Covid-19 drug distribution case

The case centered on allegations that they had illegally stocked and distributed Covid-19 drugs during the height of the pandemic. Justice Neena Bansal Krishna pronounced the order, simply stating, 'criminal complaint quashed'.

The High Court's decision was made in response to a plea that challenged the summons issued by a trial court against Gambhir, his wife, mother, and the foundation, and sought the complete quashing of the original criminal complaint. The criminal complaint had been filed by the Delhi government's Drug Control Department against Gambhir, who was then the Member of Parliament for East Delhi, his foundation, its CEO Aprajita Singh, and his mother and wife, Seema Gambhir and Natasha Gambhir, both of whom were trustees.

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The complaint was filed under Section 18(c) read with Section 27(b)(ii) of the Drugs and Cosmetics Act. Section 18(c) prohibits the manufacture, sale, and distribution of drugs without a proper licence, while Section 27(b)(ii) penalises the sale or distribution without a valid licence with imprisonment ranging from three to five years, in addition to a fine.

The legal proceedings have been lengthy. The High Court initially stayed the trial court proceedings in September 2021 and requested a response from the Delhi drug control authority on the petition filed by the Gautam Gambhir Foundation, Gambhir, and his family, which challenged both the criminal complaint and the summoning order. Although the High Court vacated the stay on the trial court proceedings on April 9, Gambhir filed a fresh application seeking to recall that order.

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The Drug Control Department counsel opposed the plea, arguing that it was not maintainable because Gambhir had moved the High Court directly instead of first approaching the revisional court of sessions. The prosecution's counsel had previously argued that the petitioners admittedly distributed the drugs without a valid licence, and their sole defence was that they had not sold them.