Back
BELA M. TRIVEDI, PRASANNA B. VARALE
District Appropriate Authority – Appellant
Versus
Kaushik Babulal Shah – Respondent
| Table of Content |
|---|
| 1. background of the case involving sonography machine (Para 1 , 2) |
| 2. arguments regarding preservation of records (Para 3 , 4) |
| 3. court's reasoning on the release of sealed property (Para 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16) |
| 4. dismissing the appeals and maintaining previous orders (Para 17) |
JUDGMENT :
PRASANNA B. VARALE, J.
1. Under challenge in these criminal appeals preferred by the District Appropriate Authority, Ahmedabad is the judgment and order dated 01.10.2012 of the Gujarat High Court wherein the issue regarding opening of the seal of the ceased sonography machine which was case property (mudammal) was decided by the court in favor of the Respondent. The court observed that the Respondent had been acquitted both by the Trial Court as well as the appellate Court, and thus directed the seal to be opened. The High Court further directed that if any data was to be recovered from the machine then the Appellant Authority was at liberty to keep their Engineer present at the time of the opening of the seal of the sonography machine and retrieve any such data, and the same to be done in the presence of the Appellant. The subsequent judgment and order da
Court held that sealed property should not be kept indefinitely when parties are acquitted, emphasizing timely disposal while balancing rights of parties involved.
The importance of maintaining records as prescribed under the Act and Rules, and the legal implications of non-compliance.
Strict compliance with the provisions of the PCPNDT Act is essential to prevent sex determination and female foeticide, and non-compliance cannot be excused as a clerical error.
The person conducting ultrasonography is responsible for maintaining records as per the statutory requirements, and procedural lapses in inspections can lead to the quashing of convictions.
Procedural safeguards must be strictly adhered to in actions taken under the PCPNDT Act as arbitrary actions undermine the statutory framework.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
