Will not prosecute Good Samaritans for distributing oxygen: Drug Controller informs Delhi High Court

The Drug Controller of Delhi NCR informed the Delhi High Court on Thursday that no prosecution shall be initiated against persons who distributed free medical oxygen to needy COVID-19 patients during the second wave of the pandemic (Dr. Deepak Singh v. Union of India)..This development came to light after Senior Advocate Rahul Mehra, appearing for the Delhi government, filed the latest status report before a Bench of Justices Vipin Sanghi and Jasmeet Singh and submitted that the State intended to withdraw prosecution against Good Samaritans..The status report submitted thus,“Respondent no. 4 has proposed to take a sympathetic view by not initiating any action against all those individuals, organisations, religious institutions who have been involved in distribution of free oxygen to the needy patients for bona fide use for the treatment of Covid 19 without any intent of commercial gains and whose actions has not resulted in blocking and choking of medical oxygen.Respondent no. 4 also intends to withdraw the prosecution which has been filed against those individuals or organisations who have been involved in distribution of free oxygen without any intent of commercial gains and whose actions has not resulted in blocking and choking of medical oxygen.”.The Division Bench remarked that this was the correct way to go about it. On the previous date, the Court had stated, “We cannot prosecute good Samaritans for providing oxygen when the State and Centre had failed.”.Mehra submitted that the proposal of the Drug Controller has been approved by the Delhi government and only requires the assent of the Lieutenant Governor..Advocate Satya Ranjan Swain, who was appearing for one of the applicants, submitted that as per the Supreme Court’s judgment in The State of Andhra Pradesh v. M/S Linde India Ltd., medical oxygen was a drug and therefore, came under the purview of the Drugs Control Act, 1950..Mehra vehemently opposed the argument and submitted that the pandemic has not yet ended, and should the prosecution pursue such matters, no Good Samaritans will come forward in the impending third wave due to fear of being penalised..The Court also took a dim view of Swain's submission, stating that those who sought to help the community could not be punished..Even as various counsel attempted to make arguments, the Court refused to hear any further, recommending them to pursue other remedies. It stated, “This Petition was for a specific purpose and that has been exhausted.”