Denial Of Permission To Import Ventilators Not In Interest Of Patients: P&H HC Allows Import On Ventilators Without Further Delay

Observing that the denial of permission to import ventilators by the administration is not in the interest of patients, the Punjab and Haryana High Court has allowed the import on ventilators without further delay.

The division bench allowed the import of ventilators in question to the petitioner SB Medical Systems after observing thus:

"When the nation is witnessing huge number of deaths everyday and certain deaths have happened for want of ventilators, the denial of permission to import the ventilators by the administration is not in the interest of the patients. Therefore, we order thatthe import of ventilators in question be allowed without further delay, incase the same carry certification from the manufacturer."

However, the Court went ahead to state that in the larger interest of the patients and to ensure that the ventilators received are as per the specifications mentioned by the Competent Authority, the Court directed the petitioner to inform within 24 hours after receipt of such Ventilators to the competent authority to inspect the same with regards to their quality.

Further observing that the extreme technicality in difficult times of Covid-19 pandemic is highly deplorable, the Court observed thus:

"In fact, the State ought to have facilitated import of the ventilators.Thousands of people, who are lying admitted, are not getting oxygen or ventilators, which is very vital for the treatment of Covid patients. The oxygen and ICUs are required here and now. Any delay by the administration in providing the ventilators shall definitely result into fatalities."

"On receipt of such information, the competent authority shall depute concerned official to determine the factum that the ventilators are fit to be utilised. In case, the same are found to be deficient as per the specifications laid down by the Government of India, the same be not put to use." The Court directed further.

The Court further stated that in case the ventilators are found to be deficient as per the specifications laid down by the Government of India, the same will be not put to use. 

In view of this, the Court directed further:

"However, the petitioner shall pay all duties admissible on such goods, and it will be only after the certification by the competent authority, the ventilators in question be put to use."

The Court had,vide order dated August 4, 2020, prima facie felt that the ventilators in question are put to use and that the same may be of help to some serious patients.

Click Here To Read Order