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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
S.G.MEHARE
Tukaram S/o Ramkrishana Karde – Appellant
Versus
State of Maharashtra – Respondent
| Table of Content |
|---|
| 1. factual background of medical practice and violations. (Para 4 , 5 , 6) |
| 2. arguments regarding statutory responsibilities and compliance. (Para 7 , 8 , 9) |
| 3. discussion on the authority of the complainant. (Para 10 , 11 , 12 , 13 , 14 , 15 , 16) |
| 4. examination of evidentiary requirements and compliance procedures. (Para 18 , 20 , 21 , 24) |
| 5. evaluation of statutory forms and record-keeping obligations. (Para 22 , 23 , 25) |
| 6. interpretation of statutory obligations concerning ultrasound procedures. (Para 26 , 28 , 30 , 31 , 32) |
| 7. assessment of compliance with monthly reporting requirements. (Para 37 , 38 , 39) |
| 8. challenges to the legality of search and seizure procedures. (Para 42 , 43 , 46 , 47) |
| 9. conclusion on the erred convictions and final ruling. (Para 48) |
JUDGMENT :
S.G. MEHARE, J.
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 12.01.2016 and confirmed by the learned Additional Sessions Judge-1, Bhoom, by judgment and order in Criminal Appeal No.03
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 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 importance of maintaining records as prescribed under the Act and Rules, and the legal implications of non-compliance.
The court emphasized the necessity of timely processing of renewal applications and adherence to procedural safeguards before initiating criminal proceedings under the Act.
Seizer of Sonography machine - Civil Surgeon is appropriate authority. Now, as per the amendment, Civil Surgeon can authorize any surgeon to carry out inspection.
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.
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