The court determined that existing proceedings in a related case should be addressed instead of duplicating litigation in public interest concerning Covid-19 management drug regulation.

JUDGMENT

D.N. Patel, Chief Justice (Oral)

Proceedings in the matter have been conducted through video conferencing.

C.M.No.15402/2021 (exemptions) & 15403/2021(permission to file lengthy synopsis and list of dates)

For the reasons stated in the application and in view of the present prevailing situation, the present application is allowed subject to just exceptions. However, the applicant is directed to file duly signed and affirmed affidavits within a period of one week and the requisite Court fee within a period of 72 hours from the date of resumption of regular functioning of the Court.

The application is disposed of.

W.P.(C) No.5027/2021

1. This public interest litigation has been preferred with the following prayers:

"a) Issue a writ of mandamus directing the Respondent to issue an Order directing Inspectors under the Drugs and Cosmetics Act, 1940 to oversee and ensure maintenance of records of sale and distribution of Covid-19 management drugs and equipment such as Oxygen Concentrators, Favipiravir and Tocilizumab etc.;

b) Issue a writ of mandamus directing the Respondent issue an Order directing Inspectors under the Drugs and Cosmetics Act, 1940 to audit the sale records of dealers and distributors of Covid-19 management drugs and equipment such as Oxygen Concentrators, Favipiravir and Tocilizumab etc.;

c) Issue a writ of mandamus directing the Respondent issue an Order directing Inspectors under the Drugs and Cosmetics Act, 1940 to take strict measures to ensure that Covid-19 management drugs and equipment such as Oxygen Concentrators, Favipiravir and Tocilizumab etc. are not sold at prices higher than MRP and there is no diversion into the hands of persons other than licensed dealers and distributors;

d) Issue a writ of mandamus directing the Respondent to make information relating to stocks of Covid-19 management drugs and equipment such as Oxygen Concentrators, Remdesivir, Favipiravir and Tocilizumab etc. available on a web portal as well as a helpline so that persons who are looking to procure these drugs and equipment for Covid-19 patients are able to contact the dealers/distributors who have available stocks;

e) Issue a writ of mandamus directing the Respondent to make adequate supply of Covid-19 management drugs and equipment such as Oxygen Concentrators, Remdesivir, Favipiravir and Tocilizumab etc. available at the chemist shops of every hospital so that family members/relatives/friends of Covid-19 patients can easily purchase them;

f) Issue a writ of mandamus directing the Respondent issue an Order directing Inspectors under the Drugs and Cosmetics Act, 1940 to audit the sale records of dealers and distributors of Covid-19 management drugs and equipment such as Oxygen Concentrators, Favipiravir and Tocilizumab etc.;

g) Issue a writ of mandamus directing the Respondent issue an Order directing Inspectors under the Drugs and Cosmetics Act, 1940 to take strict measures to ensure that Covid-19 management drugs and equipment such as Oxygen Concentrators, Favipiravir and Tocilizumab etc. are not sold at prices higher than MRP and there is no diversion into the hands of persons other than licensed dealers and distributors;

h) Issue a writ of mandamus directing the Respondent to make information relating to stocks of Covid-19 management drugs and equipment such as Oxygen Concentrators, Remdesivir, Favipiravir and Tocilizumab etc. available on a web portal as well as a helpline so that persons who are looking to procure these drugs and equipment for Covid-19 patients are able to contact the dealers/distributors who have available stocks;

i) Issue a writ of mandamus directing the Respondent to make adequate supply of Covid-19 management drugs and equipment such as Oxygen Concentrators, Remdesivir, Favipira