New Delhi [India], August 30 (ANI): The Delhi High Court reserved its order on a plea moved by Gautam Gambhir Foundation seeking the quashing of criminal proceedings against it, Gautam Gambhir and his family members.
This matter pertains to allegedly distributing the COVID-19 drugs free of cost during the COVID second wave. Cricketer Gautam Gambhir is a former BJP MP.
Justice Neena Bansal Krishna reserved order after hearing submissions of counsel for the petitioner and the Delhi State.
Advocate Jai Anant Dehadrai, counsel for Foundation, submitted that the Magistrate court erroneously took cognisance of the Complaint and thereafter issued a summons to the petitioner.
The counsel argued that the case of the Prosecution has no feet to stand on as a bare perusal of the Scheme of the Act, especially Section 18 (c), read with Section 19(3), makes it clear that the charitable financial support provided by the Petitioner Foundation does not fall within the prohibited activities under the Act. “Thus, no offence under the Act has been disclosed against the Petitioner Foundation”.
Gautam Gambhir Foundation, Gautam Gambhir, his mother Seema Gambhir and wife Natasha Gambhir had moved a petition seeking a direction to quash the Criminal Complaint filed by the Drugs Control Department of the Delhi Government.
Petitioners have also sought a direction to quash the subsequent summons issued by the court on August 26, 2021.
Petition, moved through advocate Jai Anant Dehadrai and Siddharth Arora, has stated that the Foundation had organised a Medical Camp from April 22, 2021, to May 7, 2021, during the second wave of Covid-
19 virus that affected millions of people not only in Delhi but all across the country.
This Medical Camp was organised with the presence of a doctor, who volunteered to help the needy, poor, and underprivileged people, and food and medicines were provided to them under medical advice. Notably, the beneficiaries of this Camp were the poorest of the poor citizens of Delhi, the plea said.
It is also stated that on July 26, 2021, the Metropolitan Magistrate, Rohini Court, erroneously took
Cognisance of the Criminal Complaint files by the Drugs Controller against the Petitioners with allegations under Section 18(c) read with Section 27(b)(ii) of the Drugs & Cosmetics Act, 1940.
The court had issued a summons to the Petitioners on August 26, 2021.
It is further stated that in the Complaint of July 8, 2021, filed by the Drug controller, it was an admitted fact that the Medical Camp was under the supervision and presence of a doctor from Garg Hospital.
It is also stated that there is not even a whisper or allegation, nor is it the case of the Prosecution that there was any stocking or hoarding of medicines or oxygen by the Petitioners.
The whole case is that the drugs were purchased by the Petitioner Foundation and were provided free of cost to the people who were present at the medical camp by the doctor from Garg Hospital, the plea said. (ANI)
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