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S. G. MEHARE
Tukaram – Appellant
Versus
State of Maharashtra – Respondent
Headnote: Read headnote
JUDGMENT/ORDER
1. Rule. Rule made returnable forthwith. Heard finally by consent of the parties.
2. The petitioner has impugned the judgments and orders of conviction passed by the learned Judicial Magistrate First Class, Washi, District Osmanabad in R.C.C. No.30 of 2011, decided on 12/1/2016 and confirmed by the learned Additional Sessions Judge-1, Bhoom, by judgment and order in Criminal Appeal No.03 of 2016 dtd. 30/11/2021.
3. The petitioner has been convicted for the offence punishable under Sec. 23 of the Pre-Conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 (For short 'Act 1994') r/w Rule 9(4) of the Pre-Conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Rules, 1996 (For short 'Rules 1996').
4. The facts giving rise to the prosecution case were that the petitioner was the medical practitioner and owner of Hospital and Genetic Clinic, under the name and style 'Bhagwant Hospital' at Washi. The petitioner was BHMS. He obtained a Certificate of Registration to run a Genetic Clinic for pre-natal diagnostic proce
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.
The accused cannot bear responsibility under the Act without the qualification to perform ultrasonography; statutory compliance must be maintained by qualified personnel. Defects in inspection proces....
The court emphasized the necessity of timely processing of renewal applications and adherence to procedural safeguards before initiating criminal proceedings under the Act.
Sex Determination Test – Continuing prosecution based on an illegal search will amount to abuse of process of law – If law requires a particular thing to be done in a particular manner, same shall be....
The court established that procedural fairness and adherence to statutory guidelines are essential in regulatory actions under the Pre-conception and Pre-natal Diagnostic Techniques Act.
Procedural safeguards must be strictly adhered to in actions taken under the PCPNDT Act as arbitrary actions undermine the statutory framework.
The Pre-Conception and Pre-Natal Diagnostic Techniques Act permits complaints by authorized officers; complaints are valid if the appropriate authority delegates power according to statute without ne....
(1) Sex determination test – Summoning order – It is mandatory for person conducting Ultrasonography on a pregnant woman to keep complete record relating to Ultrasonography in clinic – Determination ....
Important Points – (1) Court cannot conduct mini trial at the time of framing charge.
(2) Doing prohibited sex determination test – Examining women patient through ultrasound procedure and not mai....
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