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The Drug Controller on Thursday informed the Delhi High Court that Gautam Gambhir Foundation was guilty of hoarding Fabiflu in contravention of the Drugs and Cosmetics Act.

The Division bench comprising Justices Vipin Sanghi and Jasmeet Singh had earlier reprimanded the Drug Controller for not making proper enquiries and giving a clean chit to Gambhir in its earlier report.

Subsequently a fresh report was filed by the Drug Controller. Advocate Nandita Rao appearing for the Drug Controller submitted that the Gautam Gambhir Foundation had purchased around 2000 strips of Fabilu from licensed dealers, however they themselves did not have the license to do so.

It was further informed that a show cause notice had been sent to such dealers for supplying the drug to an unlicensed entity.

The bench then questioned whether similar action would be taken against Gambhir.

Amicus Rajasekhar Rao pointed out that the report did not mention what steps were to be taken against the Foundation.

On this Justice Jasmeet Singh remarked “we only want the drug controller to colour everybody with the same brush. Just have the same yardstick.”

Justice Sanghi concurring with Justice Singh said- What Mr. Gambhir did he did it with a public spirit. But that’s not the point. You are trying to help people in your constituency but at the expense of people who are in need of the drugs. You continue to hold the stock for two weeks which could have been used for the needy. You caused shortage of the medicine…May be there was other way to go about it... he could have found people in need of the medicine and may have procured it for them without any charging them. We want to take action so that the same does not happen again.”

The Drug Controller has also held MLA Praveen Kumar guilty for hoarding oxygen cylinders.

With these observations the bench directed the Drug Controller to take action against all those found breaching the provisions under the Act.