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2015 Supreme(Bom) 391

RAVINDRA V.GHUGE
Janaki Ultra Sound Center, Jalna Road, Bhokardan, District Jalna, through authorized Handler – Appellant
Versus
Appropriate Authority Under PCPNDT Act and Naib Tahsildar, Bhokardan, District Jalna – Respondent


Advocates:
Advocate Appeared:
Shri B.R. Warma and Shri D.R. Korde

Headnote: Read headnote

Judgment

1. On 02/02/2015, after hearing the petitioner and the learned AGP, I had passed the following order :-

"1. The petitioner whose Sonography Machine has been sealed on the ground of failure to maintain proper records and obtain the consent of the patient seeking to under go Sonography, is the only cause for the sealing of the Sonography machine.

2. The petitioner further submits that if at all documents are not properly maintained, they would evidence irregularity on the part of the petitioner. However, in the light of the judgment of this Court (Coram :- S.V. Gangapurwala, J.) dated 11-09-2012 delivered in Writ Petition No. 6557 of 2012 in the matter of Dr. Mrs. Sukhada W/o Dilip Mulay Vs State of Maharashtra & others, it clearly lays down the law in paragraph Nos. 16, 17 and 18 that the Sonography machines can be sealed by the appropriate authority only if it is satisfied that the said machine would furnish evidence of commission of offence punishable under the Act.

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