New Delhi: The Supreme Court refused Monday to stay the proceedings against BJP MP Gautam Gambhir’s foundation in a case relating to illegally procuring and distributing Covid-19 medicines. A bench comprising Justices DY Chandrachud and MR Shah said people were running around for medicines and drugs. In this situation suddenly a trust comes and says we will give you medicines. “This is not done. We do not want to say anything but we also have our ears to the ground,” the Supreme Court bench observed while refusing to entertain the plea.
The apex court asked the petitioner to approach the Delhi High Court and seek appropriate remedy.
“Kailash Vasdev, learned senior counsel appearing on behalf of the petitioners states that the petitioners are advised to withdraw the Special Leave Petition so as to enable them to move the High Court for impleadment in the pending proceedings. The Special Leave Petition is dismissed as withdrawn,” the plea said
Vasdev, appearing for the foundation, sought a stay on the prosecution under the Drugs and Cosmetics Act. On sensing disinclination of the bench, the counsel for Gautam Gambhir’s foundation withdrew the petition.
Delhi’s drugs control department had July 17 told the Delhi High Court that it has launched prosecution against Gautam Gambhir Foundation and AAP MLAs, Imran Hussain and Praveen Kumar, before a court for allegedly illegally stocking and distributing Covid drugs during the infection’s second wave.
Based on inquires made by the investigating team, a prosecution in the court of law was launched against Gautam Gambhir Foundation, its trustees and CEO on July 8 for ‘contravening the provisions of section 18(c) read with section 27(b)(ii) of the Drugs and Cosmetics Act, 1940’, the Delhi Drugs Control Department (DDCD) said in a response which was in the form of a status report. Cricketer-turned-politician and BJP leader Gautam Gambhir is one of the trustees of the foundation.
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Section 18(c) prohibits manufacture, sale distribution of drugs without a licence and Section 27(b)(ii) makes sale, distribution without valid licence punishable with imprisonment for a term, not be less than three years but which may extend to five years and with fine.
The prosecution against Kumar is for similar offences under the Drugs and Cosmetics Act, according to the response submitted by the DDCD.
The prosecution has been filed before the court of Metropolitan Magistrate Pritu Raj, Rohini Courts, against Gautam Gambhir Foundation and Kumar, it had said.
