Black fungus: Delhi HC allows duty-free import of key drug

NEW DELHI: Faced with acute shortage of Amphotericin B for black fungus treatment despite efforts by the Centre, Delhi High Court on Thursday allowed its duty-free import by individuals or organisations for personal use.
The high court pointed out that it is a life-saving drug that is in short supply and if patients or their kin are able to get hold of it from abroad, the Centre must not have any objection. While asking the government to decide about waiving off any duty on the key drug — at least till it is in short supply — the court added that a clause saying those importing Amphotericin B would furnish a bond till the Centre takes a final decision on waiving the customs duty on it.
“Considering the fact that the drug is required to save lives of people being infected with this serious disease affecting thousands of people across the country, we are of the view the Centre must seriously consider waiver of complete customs duties on these drugs at least for the period when it is in short supply in India to treat the patients of mucormycosis,” a bench of justices Vipin Sanghi and Jasmeet Singh noted in its order.
Till the time the government takes a call, the court directed that the drug imported by any person “shall be allowed on a bond furnished by the importer without the actual duty being paid”.
The direction came after the court was informed by senior advocate Krishnan Venugopal that the drug is available in the UAE (Dubai) with chemists who are willing to send it to India to needy patients but the import duty on the medicine is 27%. Another lawyer had earlier claimed it was 78%. The court pointed out that if Delhi government makes efforts to procure the drug from sources other than those explored by the Centre, it should not be stopped.
During the hearing, the court also took stock of the steps being taken by the AAP government to provide medical help to the subordinate judiciary. It said the government could show “empathy” and “sensitivity” and consider giving ex gratia compassionate appointments to family members of judges who died of Covid-19.
It was informed by Delhi Judicial Services Association that Delhi government has not recognised judicial officers as frontline workers for Covid-19 vaccination and urged that if there were any other benefits available to other frontline workers, these be extended to them too.
The association said the principal secretary (law) had been appointed the nodal officer for interacting with all district judges in the matter of providing medical assistances to judges afflicted by Covid-19.
Delhi government informed the court that the category was created primarily for only vaccination and in future, if other aspects were covered, they would be kept in mind.
The association’s application was filed in the pending petition raising the issues of medical facilities for judicial officers. The bench disposed of the petition and the application along with another plea seeking certain reliefs for court staff, noting that the issues raised had been adequately addressed.