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80-yr-old beats black fungus, granddaughter thanks Delhi HC for arranging medicines

Her SOS last week had reached the bench of Justices Vipin Sanghi and Jasmeet Singh, who had then directed the Centre to file a report as to why high import duty had been imposed on Amphotericin B, which is essential to treat black fungus (Mucormycosis) patients, mainly those who are getting affected by it after recovering from Covid-19.

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Advocate Iqra Khalid, the petitioner whose grandfather was discharged on Tuesday after beating black fungus, thanked the Delhi High Court and wished to discontinue her petition in which she had sent an SOS to the court, following her grandfather’s admission to Gangaram Hospital, needing the drug to treat the disease.

Her SOS last week had reached the bench of Justices Vipin Sanghi and Jasmeet Singh, who had then directed the Centre to file a report as to why high import duty had been imposed on Amphotericin B, which is essential to treat black fungus (Mucormycosis) patients, mainly those who are getting affected by it after recovering from Covid-19.

The court directive had said: “We direct that if any import is made by any person of this drug (Amphotericin B), it shall be allowed on a bond furnished by the importer without the actual duty being paid, till a decision is taken by the Centre.”

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The constant intervention by the bench, aided by GNCTD counsel, Senior Advocate Rahul Mehra and Satyakam, the Centre’s counsels Chetan Sharma and amicus curiae Senior Advocate Raj Shekhar Rao helped save the life of Iqra’s grandfather. The medicine was finally administered with the appropriate number of vials on time.

The Centre, through counsel Kirtiman Singh, later during the day presented to the court a status report of May 27 which disclosed the position of grant of Customs duty and IGST exemption as on June 1 with regards to liposomal amphotericin b.

The bench while disposing of the petition took account of the report that if the individual is buying from abroad only 5 percent IGST continues; if it is a gift from abroad there is no duty. If someone has ordered to distribute it for free as donation both 5% custom duty and GST are exempted; Individual and entity importing for commercial supply, only IGST will be charged. 

The petition was filed by Advocate Rohit Sharma along with Advocate Iqra Khalid Grand-Daughter of the petitioner.

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