Drug Controller says Gautam Gambhir Foundation committed offence under Drugs and Cosmetics Act; Delhi High Court calls for action

The Drug Controller of Delhi on Thursday 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 (Dr Deepak Singh v. Union of India)..While studying the inquiry report filed by the Drug Controller of Delhi, Justice Vipin Sanghi directed that action be taken against the Foundation as well as dealers who made unauthorised sales..Counsel for the Drug Controller of Delhi, Additional Standing Counsel Nandita Rao assured the Court that action will be taken against all offenders..The Court insisted that action shall not be taken against those purchasing drugs in the black market out of desperation. “Cases of procurement of medicine, oxygen cylinders for personal use may not amount to breach of provisions and if procurement is for bona fide use in treatment of COVID-19, such cases need not be pursued. Only violators whose conduct results in blocking or choking supply of medication to be investigated,” the Court observed. .The Drug Controller was directed to place a status report detailing action taken against all offenders within six weeks..After Rao made the submission, the Court observed,"Mr. Gautam Gambhir has procured (drugs and oxygen) in public spirit and has spent a lot of money in procuring it. But at what cost? You did charity no doubt. But you also caused shortage and inconvenience. Maybe there was another way?".The order was passed in a plea alleging that political leaders like Gambhir were hoarding, transferring and distributing crucial COVID-19 medicines at a time when they were not available to the public at large..Even with best intentions, he has done disservice: Delhi High Court directs Drug Controller to probe distribution of FabiFlu by Gautam Gambhir.On the last date of hearing, the Court had pulled up the Drug Controller for conducting an "unsatisfactory" inquiry into the procurement of drugs by Member of Parliament from the Bharatiya Janata Party (BJP) Gautam Gambhir."If you think we are so gullible, so naive, we are not...you better do your job. We will have you suspended and let someone else do your job. You are wrong to say it was not in short supply. You want us to shut our eyes. You think you would get away with this," the Court had observed then.