New Delhi: The Delhi High Court on Friday reserved its order on a plea by Indian cricket team head coach Gautam Gambhir, seeking quashing of a criminal complaint against him, his foundation, and others for allegedly illegally stocking and distributing COVID-19 drugs during the pandemic.
Justice Neena Bansal Krishna heard arguments from Gambhir’s counsel and the Delhi government’s Drug Control Department, which filed the complaint.
The plea challenges the summons issued by a trial court against Gambhir, his wife, mother, and the foundation, seeking to nullify the criminal complaint.
The Drug Control Department has accused Gambhir, then East Delhi MP, his foundation, its CEO Aprajita Singh, and his mother and wife—Seema and Natasha Gambhir, both trustees of the foundation—under Sections 18(c) and 27(b)(ii) of the Drugs and Cosmetics Act. Section 18(c) prohibits manufacturing, selling, or distributing drugs without a license, while Section 27(b)(ii) prescribes imprisonment of three to five years and a fine for such violations.
Previously, on September 20, 2021, the high court had stayed trial court proceedings and sought a response from the Delhi Drug Control Authority on a petition filed by Gambhir and his family. They had challenged both the criminal complaint and the trial court’s summoning order.
On April 9, the high court lifted the stay, prompting Gambhir to file a fresh application seeking its recall.
Advocate Jai Anant Dehadrai, representing Gambhir, contended that the alleged offences apply only when drugs are distributed commercially. “My client’s intention was purely to help needy people. He was not attempting anything else. This is a fit case to quash the summoning order and criminal complaint,” he argued.
The Drug Control Department counsel countered that the plea was not maintainable, as Gambhir should have first approached the revisional court of sessions. The prosecution noted that the petitioners had distributed drugs without a valid license, regardless of whether they sold them, and argued that “the veracity of the allegations cannot be examined at this stage.”
With the trial court scheduled to hear the matter on September 8, the high court asked Gambhir’s counsel to seek an adjournment.
