Delhi High Court Allows Duty-Free Import of Black Fungus Drug Amphotericin B

The Delhi High Court on Thursday, 27 May 2021 allowed duty free import of Amphotericin B, used for treating black fungus patients, on furnishing of a bond by the importers, till the final decision by Centre on waiving customs duty.

A bench comprising Justices Vipin Sanghi and Jasmeet Singh 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."

The bench observed that the medicine is essential to save lives of several thousands of people suffering from mucormycosis. In the backdrop of shortage of the medicine in the country, the High Court emphasised that the Centre should seriously consider waiving customs duty for a limited period or till issues with shortage of medicine exists.

On the aspect of the bond for importing the medicine, the High Court said any person can import Amphotericin B and if any import is made by any person, it should be cleared by accepting the bond from the importer without actual payment of duty till the Centre takes a final decision in the matter.