The Drug Controller had informed the Hon’ble Delhi High Court that the Gautam Gambhir foundation was in contravention of the provisions of the Drugs and Cosmetics Act in the context of unauthorized stock of Covid 19 Drugs.
The Hon’ble division bench consisting of Hon’ble Justice Vipin Sanghi and Hon’ble Justice Jasmeet Singh was apprised by the submissions made by the ASC Nandita Rao appearing from the side of Drug Controller, GNCTD.
While hearing, Ms. Rao informed the bench that at the time of inquiry it was observed that Gautam Gambhir Foundation purchased over 2000 strips by the licensed dealer even though they were not holding any valid license for doing so. The court was further informed that the show cause notices have also been sent to such firms for violating conditions of the Drugs and Cosmetics Act and thus that firm is also liable for prosecution for selling medicines to Gautam Gambhir Foundation which is an unlicensed Firm.
The Drug Controller then Submitted “We have found them in contravention. Identical language is used for them as the dealers. Identical action will be taken.”
To this submission, Hon’ble Justice Sanghi orally remarked “So we take it that you’ll take action against the foundation?”
Ms. Rao agreed to the question that was posed by the Hon’ble Bench. The Hon’ble bench also stated that the Drug Controller is bound to take actions against people who are violating the rules that are mentioned under the Act.
Further Hon’ble Justice Sanghi even observed and stated that “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 I’m not getting it because somebody else did. The stock wasn’t available to the needy for nearly two weeks. You did charity but you also caused a lot of impediments. You caused a shortage in society.
The general patients who needed the medicines couldn’t get it.” The Hon’ble Court while considering that the show cause notices have been issued to licensees under Drugs and Cosmetics Act and their responses are awaited, had ordered-
“Assistant Drug Controller states that action will be taken against them without any delay. Not only in these particular cases but all other cases brought under the notice of Drug Controller was found to breach the rules.”
The Hon’ble bench further posted the matter for further hearing on July 29 directing the Drug Controller to file a Status report within 6 weeks.
The Hon’ble Court had directed the Drug Controller to conduct an inquiry or an investigation into three specific allegations that are against BJP MP Gautam Gambhir, AAP MLAs Preeti Tomar, and Praveen Kumar for hoarding and illegally stocking the covid 19 medicines and drugs.
The Hon’ble bench was dealing with the plea seeking registration of FIRs against all those leaders of political parties indulging in hoarding and illegally distributing covid 19 medicines and also for denying the access of such medicines to the public at large.
