Punjab and Haryana High Court: Opining that extreme technicality in times of pandemic is deplorable and may lead to fatalities, the Division Bench of Jitendra Chauhan and Vivek Puri, JJ., allowed the petitioner to import the ventilators without further delay.
Noticing the urgency of the matter and the fact that the instant petition was filed on 15-06-2020 yet the grievance of the petitioner had not been addressed by the authorities, the Bench opined that,
“This extreme technicality in difficult times of Covid-19 pandemic is highly deplorable. 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 Bench stated that the oxygen and ICUs are required here and now. Any delay by the administration in providing the ventilators would definitely result into fatalities. In the circumstances, when the nation is witnessing huge number of deaths everyday and certain deaths had happened for want of ventilators, the denial of permission to import the ventilators by the administration was not in the interest of the patients. Hence, the Bench ordered that the import of ventilators in question be allowed without further delay if the same carry certification from the manufacturer.
However, in the larger interest of the patients and to ensure that the ventilators received are as per the specifications prescribed by the competent authority, the Bench directed the petitioner to inform within 24 hours after their receipt to the competent authority to inspect the same with regard to quality thereof. On receipt of such information, the competent authority was directed to depute official concerned to determine the factum that the ventilators are fit to be utilized. The Bench added, if the ventilators are found to be deficient as per the specifications laid down by the Union Government, it shall not be put to use. Further, the petitioner was directed to pay all duties admissible on such goods and to use the same only after the certification by the competent authority.[S.B. Medical Systems v. Union of India, 2021 SCC OnLine P&H 1066, Order Dated 28-05-2021]
Kamini Sharma, Editorial Assistant has reported this brief.
Appearance before the Court by:
For the Petitioner: Adv. Sudhir Malhotra
For Union of India: ASGI SP Jain with Sr.Adv. Dheeraj Jain
For Respondent 4: Adv. Anshuman Chopra
