JUDGMENT :

Gurvinder Singh Gill, J.

The petitioner assails order dated 10.7.2024 (Annexure P-21) passed the Court of Additional Sessions Judge, Sirsa, whereby a revision petition filed by respondent State against order dated 21.10.23 (Annexure P-20) passed by learned Magistrate, has been accepted. While the learned Magistrate, vide order dated 21.10.2023 had ordered for release of the ultrasound machines on 'superdari', the said order was reversed by learned Additional Sessions Judge while exercising revisional jurisdiction vide impugned order dated 10.7.2024 (Annexure P-21).

2. The matter arises out of complaint dated 20.8.2016 (Annexure P-10) filed by Chairman, District Appropriate Authority, Sirsa, having been authorised for the same by the District Appropriate Authority, Sirsa, against the petitioner in respect of various offences under PNDT Act. The allegations, in nutshell, are that upon receipt of a secret information on 19-11-2015 to the effect that a diagnostic center by the name 'City Diagnostic Centre', Dabwali Road, Sirsa owned by Dr. Sanjeev Kaushal (petitioner) had made gross violations of PNDT Act, the complainant constituted a Team comprising of Dr.Viresh Bhushan, Deputy Civil Surgeon, Dr, Raj Kumar, SMO, which conducted inspection of the premises of the Diagonostic center. The record revealed that although ultrasound sonography had been conducted during the period 4-11-2015 to 9-11-2015 but corresponding entries had not been recorded in OPD register in respect of the same.

3. Although Dr. Sanjeev Kaushal initially took a stand that he was present at the Diagnostic Center during the period 04-11-2015 to 09-11-2015, but the said stand was found to be false as 'Call Detail Record' and air travel bookings revealed that he was in West Bengal during the said period. Later, during investigation, Dr. Sanjeev Kaushal stated that he had handed over keys of his Centre to his faithful employee Suresh Kumar for cleaning purposes before he left for Gangtok and Darjeeling and that Suresh Kumar, in his absence, had operated ultrasound sonography machine (USG Machine) and appended his (petitioner's) forged signatures on the forms and in register. The complaint is thus, broadly to the effect the Ultra Sound Machine had been operated by unauthorized/ untrained person, in absence of and in collusion with petitioner Dr. Sanjeev Kaushal and that false record showing petitioner's presence had been fabricated. The USG machines were consequently sealed.

4. The petitioner moved an application for release of USG machines which was accepted by the learned Magistrate vide order dated 21.10.2023 (Annexure P-20) who directed release of the machines on 'superdari', but upon a revision petition filed by respondent State, the said order was reversed by learned Additional Sessions Judge, vide impugned order dated 10.7.2024 (P21).

5. The learned counsel, while assailing the impugned order dated 10.7.2024(Annexure P-10) made the following submissions:

(i) that an order for release of articles on 'superdari' during pendency of trial is an 'interlocutory' order attracting the bar engrafted in section 397(2) Cr.PC against filing of revision petition;

(ii) that the order passed by Magistrate for release of USG machines on 'superdari' was a perfectly valid order in view of facts and circumstances of the case particularly in light of ratio of judgement of Hon'ble Supreme Court in Sunderbhai Ambalal Desai Vs State of Gujarat 2003 AIR(SC) 638, which mandates that provisions of section 451 should be resorted to;

(iii) that the entire proceedings of raid have been conducted in an illegal manner and by unauthorised persons in violation of spirit of section 17 and 30 of PNDT Act.

6. The learned counsel placed reliance upon the following judgements to hammer forth his contentions noted above:

1. Sunderbhai Ambalal Desai Vs. State of Gujarat 2003 AIR(SC) 638;

2. Dr. Kiran Aggarwal vs. State of Chhatisgarh 2018(189) AIC 518;

3. Aruni Sahgal Versus State of M.P. 2021 ILR(M.P