Delhi's drugs control department has 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.
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 to 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 said.
After giving an opportunity to submit their explanation, the sales licenses of dealers and retailers who sold favipiravir tablets, a Covid drug, and medical oxygen to Gautam Gambhir Foundation for running a medical camp have also been suspended for 10 days for contravening the provisions of the law, it submitted.
Hussain, who allegedly stocked and distributed medical oxygen without holding requisite licence under the law, is also facing prosecution for similar offences.
The status report was filed in a PIL seeking lodging of an FIR on the allegations that politicians are able to procure and distribute in huge quantities Covid medicines even as patients were running from pillar to post to get them.
On June 3, Delhi's drug controller had told the high court that Gambhir Foundation was found guilty of unauthorised stocking, procuring and distributing fabiflu medicine to Covid patients.