On Friday, the Delhi Drugs Control Department objected to a petition by Indian cricket team head coach and former BJP MP Gautam Gambhir and his foundation to the Delhi High Court, claiming to quash a case over the alleged hoarding and distribution of Fabiflu in December 2021 amid the second wave of Covid-19. The department emphasised that a trial was necessary to find out the truth of the allegations.

The bench headed by Justice Neena Bansal Krishna has adjourned its verdict on the plea of Gambhir, who challenges the summons issued by the trial court too. In defense of the drugs control department, its counsel submitted that the plea of Gambhir was not sustainable since he had approached the High Court directly and not the summons before the sessions court. The summoning order is reversible and is being challenged. They ought to have first attended the sessions court. An investigation must be carried out to find out the truth of the charges,” the attorney said.

The case is based on the complaint filed by the drugs control department in July 2021 against Gambhir, his mother Seema, his wife Natasha, the Gautam Gambhir Foundation, and its CEO Aprajita Singh. They were charged with the provisions of Section 18(c) as read with provisions of Section 27(b)(ii) of the Drugs and Cosmetics Act. The sections ban the making, holding, or selling of drugs without an approved licence, with a penalty of three to five years of imprisonment and fines.

In his petition, Gambhir argued that he had made Fabiflu available to needy people, at no cost, during the pandemic and had not made a profit on it. He also claimed that members of his family were not implicated. In September 2021, the High Court had stayed trial proceedings; however, on April 9 this year, the stay was vacated. The court recently also reminded Gambhir that he should not name-drop and refused to revoke its order without delay.

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