JUDGMENT :

(PER : HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA AGARWAL)

1. Heard learned Counsel for the appellant and perused the record.

2. This intra-court appeal is directed against the judgment and order dated 30.01.2026 passed by the learned Single Judge in a writ petition wherein the order passed by the State appropriate authority in Appeal No.3 of 2025 dated 31.05.2025 and the consequent directions therein, under the Pre-Conception and Pre-Natal Diagnostic Techniques Act, 1994 (‘PC & PNDT Act’ in short) has been dismissed was subject matter of challenge.

3. A prayer has also been made before the writ Court to set aside the order, restore the registration of the petitioner under the PC & PNDT Act and to open the seals applied on all the three sonography machines.

4. The judgment impugned categorically records and hold in paragraphs ‘6’ to ‘10 as under:-

“6. Heard learned counsels for the parties, perused the documents and considered the submissions.

7. The Appropriate Authority under the PC & PNDT Act and the Chief District Health Officer, Sabarkantha District Panchayat, Himmatnagar, held that a sting/decoy operation conducted on 18.02.2025 at Lakshmi Women’s Hospital revealed violations of Sections 4(3), 5 and 6 of the PC & PNDT Act and Rules 9(1) and 9(4), including taking money for sonography, pursuant to which three sonography machines were sealed and a notice was issued; after considering the explanation submitted by the hospital, the District Advisory Committee, in its meeting dated 28.02.2025, rejected the explanation of the petitioner and resolved to take action under the Act. A criminal complaint was thereafter also filed before the Chief Judicial Magistrate, Idar on 11.03.2025 and consequently the sonography machine registration bearing No. GJ14000155GC/2013 was cancelled under the PC & PNDT Act until further orders.

8. The State Appropriate Authority under the PC & PNDT Act, Health and Family Welfare Department, Government of Gujarat, held that the District Appropriate Authority had duly issued notice and afforded an opportunity of hearing to the appellant, that non-filling of Form F is not a minor or clerical lapse even in cases of alleged emergency. That the statements of the decoy pregnant woman and supporting material showed demand and acceptance of money for sex determination and that the appellant had failed to maintain mandatory records in violation of Sections 4(3), 5 and 6 and Rules 9(1) and 9(4) of the PC & PNDT Act. Consequently, finding no infirmity in the action taken and noting that a criminal case was already pending before the Chief Judicial Magistrate, Idar, the State Appropriate Authority has rejected the appeal and upheld the order dated 24.03.2025 passed by the District Appropriate Authority cancelling the sonography registration, subject to the outcome of the court proceedings.

9. No error can be attributed to the findings arrived at by the Authorities below. The petitioner has been trapped in a planned sting operation. The actions taken by the District Authority is in accordance with law.

10. In view of the foregoing discussion and having found no illegality, arbitrariness or violation of principles of natural justice in the orders dated 24.03.2025 passed by the District Appropriate Authority and 31.07.2025 passed by the State Appropriate Authority, the present Special Civil Application is devoid of merits and is hereby dismissed. No order as to costs.”

5. Assailing the order passed by the writ Court, it is vehemently argued by the learned Counsel for the appellant that there was no occasion for the learned Single Judge to record a finding of violation of mandatory provisions of PC & PNDT Act based on the statement of decoy pregnant women, when no sonography was done of the said patient. Allegations of demand and receipt of money is not supported by any material on record, and moreover, money allegedly paid by the said patient was never recovered. The further submission is that audio video reco