Delhi High Court: In the issue relating to supply and availability of the drug Tocilizumab 400 MG for COVID19 patients who are being prescribed the same, the single judge bench comprising of Pratibha M. Singh asks Union of India, Delhi Government to take immediate steps to ensure that the doses received till May 10, 2021 and by May 15, 2021 are allocated to States/UTs and are distributed transparently, efficiently and in a timely manner, so that they can be immediately administered to patients who are in need.


The petition was filed by the brother of a COVID19 patient and was prescribed a dose of Tocilizumab400 MG, however after multiple efforts, he was unable to procure the same.


Noticing the shortage of the drug in the country, the Court directed Roche India to take instructions from M/s Chugai Seiyaku Kabushiki Kaishaor or any other entity involved in the supply chain and make submissions as to whether any further supply of more quantities of Tocilizumab 400 MG doses can be made,and the timelines,in order to cater to the actual demand for patients in India.


The Court also directed Union of India to place an affidavit on record by May 12, 2021, stating as to whether there are any other applications for manufacture/import/sale of Tocilizumab 400 MG, with the Drug Controller General of India, under the Drugs and Cosmetics Act, 1940. [Dharmendra Kumar Aggarwal v. Govt. of NCT of Delhi, 2021 SCC OnLine Del 2011 Order dated May 10, 2021]




Counsels for Petitioner: Mr. Kunal Tandon, Ms. Niti Jain & Ms. Kanika Jain, Advocates

Counsels for Respondent:

  1. Mr. Anuj Aggarwal, ASC, GNCTD with Ms. Ayushi Bansal, Advocatefor R1 and 2.
  2. Mr. Anurag Ahluwalia, CGSC with Mr. Abhigyan Siddhant& Mr.Nitnem Singh Ghuman, Advocates for UOI.
  3. Mr. Neeraj Kishan Kaul, Sr. Advocate with Ms. Ruby Singh Ahuja,Mr. Vishal Gehrana, Mr. Shravan Sahny and Mr. Toshi,Advocatesfor Roche India.
  4. Ms. Archana Sahadeva, Advocate for R7/CIPLA.


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