The Drugs Control Department told the Delhi High Court that Gautam Gambhir Foundation is guilty of hoarding of COVID-19 drug. DCGI (Drugs Controller General of India) informed the Delhi High Court that the foundation headed by former Indian cricketer and current Bharatiya Janta Party MP Gautam Gambhir is involved in “unauthorised purchase/procurement, stocking and distribution” of a COVID-19 drug called Favipiravir and also medical oxygen.
Background
Earlier last month, the Delhi High Court took cognizance of a plea that alleged that several political leaders hoarded some essential COVID-19 medicines. The issue came when Delhi was facing severe shortage of oxygen supply and its medical resources were overburdened. The plea alleged several politicians including BJP MP Gautam Gambhir, BJP President C.R. Patil, and NCP supremo Sharad Pawar.
Details
On Thursday, BJP MP Gautam Gambhir and his foundation were alleged by the Delhi’s drug controller to be procuring, hoarding and distributing COVID-19 drug and medical oxygen, an act which is not permitted by the law. The drug controlling body also told the state court that the foundation established by Gambhir does not in fact hold any drug license which is required to purchase, stock or distribution of any types of drugs.
Taking to the Delhi High Court, the Drugs Control Department said-
By doing so, M/S Gautam Gambhir Foundation has contravened the provisions of the Drugs and Cosmetics Act, 1940 & Rules thereunder and therefore have committed an offence which is prosecutable/punishable under Section 27 (b) (iii) and 27 (d) of the said Act.”
Gautam Gambhir Foundation purchased over 2,000 medicine strips, Had no license
The plea was heard by a division bench of Justices Vipin Sanghi and Jasmeet Singh who was given the information pertaining to the matter by Additional Standing Council Nandita Rao that appeared for the drug controller. ASC Rao told the division bench that it was found out that Gautam Gambhir Foundation have no valid license and yet has purchased more than 2,000 strips of medicines by licensed medical supply dealers.
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Show cause notices sent to all firms like Gautam Gambhir Foundation
The drug controller also informed the Court that firms have been sent show cause notices for violating certain conditions of the Drugs and Cosmetics Act and these firms are liable for being prosecuted for selling medicines to unlicensed firms like that of Gautam Gambhir’s.
“You caused shortage. Stock wasn’t available for 2 weeks”: Delhi HC
The division bench passed a hard worded order in which it acknowledged Gambhir’s deeds that came at the expense of desperate people’s need for medicines. The bench said-
“We’re again saying, what Mr. Gambhir did was in a public spirit. But at what expense? At the expense of needy people. If I need a medicine today but at what expense? At the expense of needy people. If I need a medicine today but I’m not getting it because somebody else did. The stock wasn’t available to the needy for nearly two weeks.”
The bench further said-
“You did charity but you also caused a lot of impediments. You caused shortage to the society. The general patients who needed the medicines couldn’t get it.”
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“Just because I want myself to be prepared for election, it shouldn’t be criteria”
The Delhi HC also noted that Gambhir wanted to be prepared for the next election and wanted to created popularity and thus, actions further taken against him will be lesson for other people. “Just because I want to create popularity, want to get myself prepared for the next election. This shouldn’t be the criteria. That’s why we want you to take action so that it becomes a lesson for others,” the bench ruled.
What next?
Delhi High Court asks Drug Controller to take action against such people who violate Drugs and Cosmetics Act and file a status report. The matter is listed for further hearing on July 29.
— ANI (@ANI) June 3, 2021
By the end of the hearing, the Delhi High Court said that action must be taken against the firms with similar criminal offences. “Assistant Drug Controller states that action will be taken against them without any delay. Not only in these particular cases but in all other cases but in all other cases brought under the notice of Drug Controller found to breach the Rules,” the bench noted.
The state court of the national capital told the Drugs Control Department to file the status report in the matter within the next 6 weeks and the matter will be heard next on July 29.
