The installation, commissioning, and operation of ventilators provided by the Central government to the state government for COVID-19 management were investigated by the Chief Public Prosecutor. It was claimed that upon inspection, he discovered that the ventilators were malfunctioning and that they were made by Jyoti CNC, Rajkot, under the model name "Dhaman- III." Personnel from the manufacturer, the procurement agency HLL, and CDSCO representatives were said to have inspected and studied the ventilators. It was also claimed that the ventilators that had been installed had continued to fail even after being repaired. Desaturation, a water drain issue, a faulty UI, frequent oxygen sensor failure, and a faulty interface were just a few of the flaws.
The ventilators were operated by 269 qualified staff throughout the hospital. During the deployment of the ventilators, hospitals were given training manuals. The learned chief public prosecutor had argued that because the risk of using defective ventilators to treat patients was substantial, hospitals would not use these malfunctioning ventilators until they were fully functional.
The petitioner had requested that if the ventilators were found to be defective or dysfunctional after inspection and repairs, the manufacturer be held accountable and that the Union of India offers a replacement for the defective ventilators as well as a one-year warranty for each ventilator. The learned Additional Solicitor General of India went on to say that there would be "no casualties" because the ventilators would not help treat the patients. These ventilators should be fully functioning and meet the desired operational criteria, according to the doctors at GMCH Aurangabad and officials from the manufacturer.
The court made it quite clear that if the manufacturer supplied defective ventilators, the Union of India should be tough with them, and the defective ones might be returned if necessary. The Union of India was responsible for ensuring that the malfunctioning ventilators were replaced with new functional ventilators. In the event of a manufacturing problem, a replacement should be provided under the warranty system. The court issued an order prohibiting the experimenting of the ventilators that had undergone extensive repairs. Furthermore, using these ventilators to treat patients would put them at risk and put them in danger.
To limit the number of deaths, the court ordered the centre to replace malfunctioning ventilators with completely working ventilators. The court expected a report on the doctors' visits and the exercise that was planned to take place on June 3rd, 2021. The court had also rescheduled the hearing for June 7, 2021.