CORAM:

HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA

J U D G M E N T

NEENA BANSAL KRISHNA, J.

1. Petition has been filed under Section 482 of the Code of Criminal Procedure, 1973 (“CrPC”), on behalf of M/s. Gautam Gambhir Foundation and its Trustees (“the Petitioners) for quashing of the Criminal Complaint for offences under Section 18(c) read with Section 27(b)(ii) Drugs and Cosmetics Act, 1940 (the D&C Act) and also to challenge the Summoning Order dated 26.07.2021 and the subsequent Order dated 26.08.2021 of the Learned Metropolitan Magistrate.

2. Briefly stated, Petitioner No. 1, Gautam Gambhir Foundation (“the Foundation”), is a registered Trust established in 2014, engaged in various charitable activities, including running of Community Kitchens, supporting the education of martyrs’ children and providing scholarships to the girl children of Sex Workers. During the unprecedented second wave of COVID-19 Pandemic, in around April-May 2021, the Healthcare system in Delhi was overwhelmed, leading to a catastrophic failure in providing essential life-saving drugs and oxygen to citizens, particularly to the poorest sections of Society. Witnessing this public health emergency and receiving