Point of Law: Seizer of Sonography machine - Civil Surgeon is appropriate authority. Now, as per the amendment, Civil Surgeon can authorize any surgeon to carry out inspection.

JUDGMENT :

1. The applicant has filed this application for quashing the order of issue process passed against her by the Judicial Magistrate, First Class, Parli-Vaijnath, Dist. Beed in RCC No.270 of 2011. The applicant has completed MBBS, DGO. She is running a hospital along with Sonography Diagnostic Center. Her center is registered under the Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 [for short “PCPNDT Act”] and Rules framed thereunder. The applicant was running her center in accordance with the provisions of law. Respondent No.2 i.e. original complainant visited Sonography Center/Hospital of the applicant. He carried out inspection of the Center. The entire record was made available to him. However, he seized 8 “F” forms. It is alleged that the said forms were not filled up completely. Respondent No.2 seized Sonography machine and issued show-cause notice to the applicant. The applicant replied the same. It is contended that respondent No.2 filed complaint before the Court of Judicial Magistrate, First Class, Parli-Vaijnath, wherein the Trial Court issued process against the applicant. It is contended that the seized Form “F” were not annexed to the complaint. Similarly, other documents were also not given for the perusal of the Magistrate. It is contended that on the basis of averments, the Trial Court issued process under sections 23(1), 25 and 29 of the PCPNDT Act r/w Rules 9(4), 10(1), 10(1-A) and 13 of the PNPNDT Rules, which is not proper and legal. It is contended that if there is change in the Sonography machine, said fact is required to be communicated within 30 days, but the Sonography machine of the applicant was having fault and it was not working for two days. Therefore, said information was not given to the authority. Hence, no offence was committed by the applicant. It is contended that respondent No.2 had no authority file complaint, but said fact is also not properly considered by the Trial Court. It is also contended that the Trial Court has passed order mechanically. Therefore, it requires to be set aside.

2. Notice of this Criminal Application was issued to the respondents. Respondent No.2 filed affidavit-in-reply, wherein he admitted that he had visited the hospital of the applicant on 16.06.2011. He found Form “F” were not filled in completely. It is contended that as per the provisions of Rule 9 of the Act, it is mandatory for the hospital to maintain and preserve record of each patient subject to any Pre-Natal Diagnostic Techniques in the specified Form “F”. Such record is to be maintained for a period of two years from the date of application of Pre-Natal Diagnostic procedure. Section 4(3) of the Act itself shows that deficiencies or inaccuracy found therein shall amount to contravention of the provisions of sections 4 and 3 of the Act. It is contended that the applicant had not maintained record properly, particularly Form “F”. Similarly, non-working of Sonography machine was not informed to the authority under the Act. No sufficient cause was shown. Therefore, she is prosecuted. The Trial Court perused the record and issued process. The order of the Trial Court is correct and proper. There is no need to interfere with the same.

3. Heard learned Counsel for the applicant and learned APP on behalf of the State. Admittedly, respondent No.2 had visited hospital of the applicant on 16.06.2011. The entire Diagnostic Center was inspected by respondent No.2. He seized eight Form “F” from the custody of the applicant under panchanama. After the inspection, respondent No.2 found that Form “F” were not completely filled in by the applicant and Sonography machine was not in working condition. Therefore, notice was issued to the applicant on 16.06.2011. Said notice was replied, wherein the applicant admitted that Sonography machine was not working and there were minor errors in the Form “F”. Therefore, she prayed for release of Sonography machine and no action be t