Delhi High Court stays case against Gautam Gambhir Foundation for alleged hoarding of COVID-19 drugs

The Delhi High Court recently stayed criminal proceedings initiated against the Gautam Gambhir Foundation for allegedly stocking and distributing COVID-19 drugs illegally during the second wave of the pandemic (Gautam Gambhir Foundation and ors v. State NCT of Delhi)..In an order dated September 20, Justice Rajnish Bhatnagar said,"Till the next date of hearing, proceedings before the trial court shall remain stayed.".The Court issued the stay order in a petition moved by the Foundation to quash the case as well orders passed by a Metropolitan Magistrate in the matter earlier this year. .The High Court was told that the Foundation had distributed COVID-19 medicines in a medical camp after having procured the same from legal vendors. There has not been any complaint that the medicines were sold at a price, it was further submitted. .Having recorded these submissions, the Court issued notice in the matter and fixed it for further hearing on December 8. The respondent-authority was also asked to file its reply by then. In the meanwhile, the trial court proceedings would remain stayed, Justice Bhatnagar ordered. .Senior Advocate Atmaram NS Nadkarni along with Advocates Jai Anant Dehadrai, Sidharth Arora, Santosh Rebello, Jaskaran S Chawla, Ashna Chhabra and Arzu Paul appeared for the petitioners (the Foundation and some of its members). ASC Nandita Rao appeared for the Delhi government..In June this year, the Drug Controller of Delhi had informed the Delhi High Court that Gautam Gambhir Foundation is guilty under provisions of the Drugs and Cosmetics Act for unauthorised purchase and procurement of Fabilflu and oxygen amid the shortage of the same during the second wave of the COVID-19 pandemic.In its order dated June 3, the Court had directed that the Drug Controller should be to go for only such violators whose conduct resulted in blocking, or choking the supply of relevant drugs..Subsequently, a criminal complaint was registered against the Foundation before the Metropolitan Magistrate..In July, the Supreme Court had refused to stay the proceedings initiated by the Drug Controller of Delhi against the Foundation.While refusing to entertain the plea, the apex court had asked the Foundation to approach the Delhi High Court for relief.While doing so the top had also remarked,"People were running helter skelter for medicines drugs etc. Suddenly a trust comes and says we will give you medicines. This is not done.".[BREAKING] Supreme Court refuses to stay proceedings initiated against Gautam Gambhir Foundation for alleged hoarding of COVID-19 drugs. [Read Order]