Case Note & Summary
The petitioner, a gynecologist running a maternity hospital with an ultrasound machine registered under the Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994, challenged the seizure of her ultrasound machine by the Appropriate Authority on 22 January 2009. The Authority acted on a complaint that she was using the machine for sex determination. The Division Bench referred the question of whether Section 30 of the Act empowers seizure of machines to a Full Bench. The Full Bench held that the phrase 'any other material object' in Section 30 is broad enough to include ultrasound machines and other equipment, as they are material objects that may furnish evidence of an offence. The court overruled the contrary view in Dadasaheb Tarte v. State of Maharashtra. The petition was disposed of, leaving it to the petitioner to challenge the seizure on merits before the appropriate forum.
Headnote
A) Statutory Interpretation - Power to Seize - Section 30 PCPNDT Act - 'Any other material object' includes ultrasound machines - The court held that the phrase 'any other material object' in Section 30 is broad enough to include ultrasound machines and other equipment used for sex determination, as they are material objects that may furnish evidence of an offence. The Division Bench decision in Dadasaheb Tarte was overruled. (Paras 1-2) B) Pre-natal Diagnostic Techniques - Search and Seizure - Section 30 PCPNDT Act - Appropriate Authority's power - The Appropriate Authority or Authorized Officer has the power to search, seize and seal an ultrasound machine if there is reason to believe it may furnish evidence of an offence punishable under the Act. The seizure is not limited to documents and records. (Paras 1-2)
Issue of Consideration
Whether the power to search, seize and seal 'any other material object' under Section 30 of the Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 includes the power to seize an ultrasound machine or other equipment.
Final Decision
The Full Bench answered the reference by holding that Section 30 of the PCPNDT Act includes the power to search, seize and seal an ultrasound machine or other equipment if the Appropriate Authority has reason to believe it may furnish evidence of an offence. The decision in Dadasaheb Tarte was overruled. The writ petition was disposed of, leaving it open to the petitioner to challenge the seizure on merits before the appropriate forum.
Law Points
- Section 30 of PCPNDT Act includes ultrasound machines within 'any other material object'
- power to search
- seize and seal machines if reason to believe offence committed
- Dadasaheb Tarte decision overruled
