Delhi High Court Quashes COVID Drugs Hoarding Case Against Gautam Gambhir, His Foundation

The Delhi High Court on Friday allowed a plea filed by Indian cricket team head coach Gautam Gambhir, his foundation and its members seeking quashing of a case involving allegations of hoarding and unlicensed distribution of drugs during the second wave of COVID-19 pandemic.

”Complaint case quashed,” Justice Neena Bansal Krishna said while pronouncing the verdict.

The Court said that the Petitioners, as conscious citizens of this country, chose to use their means to extend helping hand to the people in distress. It added that the individuals also made an endeavour to support the Government in providing the essential medicines for survival in the time when there was a challenge of availability of the essential medicines for saving life.

The Court said that the petitioners took all precautions to ensure that the procurement of medicines was done legitimately and that no hoarding of medicines was done by them. 

“Not only this, they also ensured that the distribution of medicines was done under the supervision of M/s Garg Hospital, whose representative remained present to verify the prescriptions brought by the patients and only thereafter, the medicines were supplied to them. Their good faith acts, at the time of need, do not in any way bring home any commission of offence. To take a view otherwise, would have the chilling effect of dissuading citizens and organizations from rendering aid during public emergencies,” the Court said.

The judge further added that to allow a prosecution to continue in such circumstances, where the act itself was fundamentally contrary to the mischief the law seeks to remedy, would be a gross abuse of the process of law.

“In view of the aforesaid discussion the Petition is allowed. The Criminal Complaint bearing CT. Case No. 6953 of 2021 and all proceedings emanating therefrom including the Summoning Orders dated 26.07.2021 and 26.08.2021, are hereby quashed,” the Court said. 

The judgment was reserved on August 29, after the Court heard Advocate Jai Anant Dehadrai appearing for Gambhir as well as the counsel representing the State through the Drugs Control Department.

The petition was filed in 2021 by Gautam Gambhir Foundation, Gautam Gambhir, his mother Seema Gambhir and wife Natasha Gambhir. They had challenged the summoning order passed by the trial court and also the criminal complaint against them.

On August 26, Justice Krishna had declined to stay the trial court proceedings in the case and recalled an earlier order passed on April 09 which had vacated the stay on the trial court proceedings.

In September 2021, a coordinate bench had stayed the trial court proceedings against Gambhir and others.

The Drug Controller of Delhi Government had launched a prosecution against Gautam Gambhir Foundation, its trustees and CEO on for contravening the provisions of Drugs & Cosmetics Act, 1940.

Additionally, prosecution was launched against then MLAs of the Aam Aadmi Party namely Praveen Kumar and Imran Hussain over similar allegations.

An inquiry was made by the investigating team in respect of specific allegations against Gautam Gambhir and then AAP MLAs for hoarding and illegally stocking COVID-19 medicines and drugs while conducting free medical camp.

Title: Gautam Gambhir Foundation & Ors v. State 

Citation: 2025 LiveLaw (Del) 1564