The Delhi High Court on Friday brought an end to the criminal proceedings against Indian cricket team head coach Gautam Gambhir, his family members and the Gautam Gambhir Foundation, quashing a complaint that accused them of unlawfully stocking and distributing COVID-19 drugs during the pandemic.
Justice Neena Bansal Krishna pronounced the order in open court, stating simply that the “criminal complaint [is] quashed.”
The case stemmed from a complaint filed by the Delhi government’s Drug Control Department under Section 18(c) read with Section 27(b)(ii) of the Drugs and Cosmetics Act. The department had alleged that Gambhir — then Lok Sabha MP from East Delhi — along with his foundation, its CEO Aprajita Singh, and trustees Seema Gambhir and Natasha Gambhir, stocked and distributed COVID-19 medicines without a valid licence during the second wave.
Section 18(c) bars the manufacture, sale or distribution of drugs without a proper licence, while Section 27(b)(ii) prescribes imprisonment of up to five years and a fine for violations.
Gambhir, his family members and the foundation had approached the high court challenging the trial court’s summoning order as well as the criminal complaint.
In September 2021, the High Court had stayed proceedings before the trial court and sought a response from the drug control authority. However, on April 9 this year, the court vacated the stay. Gambhir then filed a fresh application seeking recall of that order.
During the hearing, the Drug Control Department opposed the plea, arguing that the petitioners had moved the High Court directly instead of approaching the revisional court. The prosecution also maintained that the foundation had admittedly distributed medicines without the requisite licence, contending that their defence — that the drugs were not sold — was immaterial to the offence alleged.
With Friday’s order, all criminal proceedings arising from the complaint stand quashed. The detailed reasoning of the High Court is awaited, but the operative direction ends the criminal case pending against Gambhir, his foundation and the other accused.
