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2018 Supreme(HP) 365

SURESHWAR THAKUR
Health Department – Appellant
Versus
Shobha Thakur – Respondent


Advocates Appeared:
For the Petitioner: Mr. Hemant Vaid, Addl. A.G. with Mr. Y.S. Thakur & Mr. Vikrant Chandel, Dy. A.Gs.

JUDGMENT :

Sureshwar Thakur, J.

The instant application is directed, against, the verdict recorded by the learned Judicial Magistrate, 1st Class, Court No.3, Hamirpur, District Hamirpur, H.P. in Complaint Challan No. 38-1-2015.

2. The State being aggrieved therefrom, has, hence sought the leave of this Court, to, assail it. The relevant hereat provisions, of, Rule 12, of, The Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Rules, 1996, are, extracted hereinafter:-

“12. Procedure for search and seizure.- (1) The Appropriate Authority or any officer authorized in this behalf may enter and search at all reasonable times and Genetic counseling Centre, Genetic Laboratory, Genetic Clinic, Imaging Centre or Ultrasound Clinic in the presence of two or more independent witnesses for the purposes of search and examination of any record, register, document, book, pamphlet, advertisement, or any other material object found therein and seal and size the same if there is reason to believe that it may furnish evidence of commission of an offence punishable under the Act.

Explanation.- In these Rules-

(1) ‘Genetic Laboratory/Genetic Clinic/Genetic Counselling Centre’ wo




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