Delhi High Court allows Duty-Free Import of Drugs to treat Black Fungus until Centre decides on Waiver [Read Order]

Delhi High Court - duty free import of drug - treat black fungus - Taxscan

The Delhi High Court allowed the duty free import of drug namely of Amphotericin B, which is a drug being used for treatment of Mucormycosis (Black Fungus) untill Centre decides on waiver.

The drug Amphotericin B is required to save lives of the people suffering from the disease which is inflicting thousands of people all over the country, and there is acute shortage of the same in the country.

During the course of hearing, senior advocate Krishnan Venugopal – who appeared for one of the petitioners – said that there is an import duty of 27% on the drug and people who want to source it from their end will find difficulty in procuring the medicine.

Mr. Mahajan on behalf of the Government of NCT Delhi submitted that there is complete waiver of customs duty on life saving drugs imported for personal use vide notification bearing No.85/2017-CUS dated 14.11.2017. He submits, on instructions, thatAmphotericinBwouldbecoveredbythesaidnotification. Ms.Parashar submits that this notification is applicable only when the life saving drug is received as a gift – without any consideration, from a friend, or relative abroad.

The division bench of Justices Vipin Sanghi and Jasmeet Singh said ints order that the Central Government should seriously consider waiver of complete Customs and other duties & levies on the import of the said drug by all, at least, for the period that the same is in short supply in India and is required to treat the disease, namely Mucormycosis (Black Fungus).

“We are hopeful that the Central Government shall look to waive the Import and other duties on all imports of the said medicine. In the interregnum, we direct that if any import is made by any person of the said medicine, the same may be cleared by accepting a bond (to the effect that in case the duty is payable and not waived, the same shall be paid) from the importer without actual payment of duties till a final decision on the said aspect is taken,” the bench added.

“We direct if any import is made by any person, the same may be cleared by accepting the bond from the importer without actual payment of duty till a final decision on the said aspect is taken,” court ordered.

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