Import of Black Fungus drug shall be duty-free till Centre decides on waiver of customs, other duties: Delhi High Court

The Delhi High Court today ordered that the import of Amphotericin B, used for treatment of Mucormycosis (Black Fungus), shall be free from any import-related levy until the Central government takes a decision on waiver of customs and other duties on the drug..For the time being, the importer shall give a bond to the authorities, undertaking that he/she shall pay the duties in case the Central government decides to not waive off the duties, the Court clarified. .The Court also took on record the Centre's assurance that customs authorities will clear consignments of medicines for treatment of COVID-19 related ailments without any delay..A Division Bench of Justices Vipin Sanghi and Jasmeet Singh took the view that the Central government should "seriously consider" waiver of custom and other duties for as long as the drug is in short supply in India and is required for treatment of Black Fungus.."...after Justice Shakdher's judgement (on waiver of IGST), is it fair to levy duties at this time..?", the Court asked. .[IGST on oxygen concentrator] "I can’t breathe, George Floyd moment for citizens:" Delhi High Court on oxygen shortage.Counsel for Central government, Advocate Kirtiman Singh said that the order would be placed before the authorities concerned for their consideration. .The order was passed by the Court while it was dealing with a petition preferred by a patient seeking the supply of Amphotecirin B for himself. .The Court noted that it was nobody's case that the Central government had monopolised the procurement or supply of the drug or that there was a ban on its import. .Senior Advocate Krishnan Venugopal, who appears for one of the petitioners in the matters pertaining to COVID19, argued that there was an urgent need to tide over the immediate crisis. He thus suggested that governments must explore reaching out to distributors etc, apart from manufacturers of the Black Fungus drug, and not wait for global tenders.."If the DDMA or the national authority were to make enquires from the distributor in Singapore, Dubai etc...we may tide over the patients who need to be save immediately. Consideration of cost should not come in the way," he said. .Noticing the widening gap between the demand and supply, the Court also called upon the Central government to act on a "war footing". "Mr Kirtiman, the gap is widening by the hour. It has to be on war footing. Please understand that fight...every hour counts," Justice Singh said .Singh assured the Court that the Centre was already exploring all options, and that a report would be placed before the Court tomorrow. .Senior Advocate Rahul Mehra, appearing for the Delhi government, stated that if the Centre were to make a statement that state governments were free to import the drug, all endeavours would be made for procurement of the same by the Delhi government. .As far as the petitioner was concerned, the Court reiterated that it would not pass any order directing supply of medicines to him in preference over others. ."The petitioner has been included in the system...we are hopeful that further allocation shall be made while making it for other patients at Ganga Ram Hospital as well," the Court stated. .In the post-lunch session, Central government counsel Amit Mahajan informed the Court that the import of the drug for black fungus treatment would be covered by the notification exempting custom duty on personal import of life-saving drugs..He clarified that to be covered under the exemption, the import had to be done through a relative or a friend overseas, but could not be bought "from a store abroad"..On whether the exemption would cover governments making imports, Mahajan said he would take instructions. .Clarifying that the order passed in the pre-lunch session would stand, the Court added, "You consider if it's not covered."