Order of the High Court of Delhi regarding supply and availability of the drug Tocilizumab 400 MG for COVID-19 patients, 10/05/2021

  • 10/05/2021

Order of the High Court of Delhi in the matter of Dharmendra Kumar Aggarwal Vs Govt of NCT of Delhi dated 10/05/2021. The present petition is concerned with the supply and availability of the drug Tocilizumab 400 MG for COVID-19 patients who are prescribed the same. The counsel appearing for Roche India informed the court that considering the recent spike of the COVID-19 pandemic, Roche India has, on its  own, decided to immediately supply 10,000 doses of Tocilizumab 400 MG free of cost.

The court noted that the total supplies made by Roche India which is importing the drug has only been about 33,000 doses for March, April and May 2021. Even if in addition, the 10,000 Tocilizumab 400 MG doses, which are expected to arrive in India along with the 10,000 doses of Tocilizumab 400 MG to be supplied by 15th May 2021 are added, the total supply would still amount to approximately 43,000 doses, as against a projected demand of 1,80,000 doses over the last three months. Thus, this would only constitute less than 25% of the required demand of Tocilizumab 400 MG projected for patients in India.

The court directed Roche India to take instructions from M/s Chugai Seiyaku Kabushiki Kaisha (manufacturer of the drug in Japan) 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 if so within what timelines, in order to cater to the actual demand for patients in India and submit an affidavit.

"The affidavit, if possible, shall also indicate the global products figures of Tocilizumab for the period January-April, 2021," the bench of Justice Prathiba M. Singh of the Delhi High Court said. Further, the Union of India has been asked to submit an affidavit about the other applications for manufacture/import/sale of Tocilizumab 400 MG with the Drug Controller General of India.