ANITA MEMORIAL NURSING HOME Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Petitioner no. 1 before this Court is a nursing home and petitioner no. 2 is the doctor who runs the said nursing home. On an inspection being made of the hospital of the petitioner under the provisions of Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 (from hereinafter referred to as the Act) and the Rules framed therein called "Pre-Conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Rules, 1996 (from hereinafter referred to as the Rules), it was found that a portable ultrasound machine which was being used in the hospital was also "being used for OPD patient as well"?. Thereafter specific reasons were assigned and the portable ultrasound machine of the petitioner was sealed. The specific reasons were as follows:

(2.) The reasons assigned above are as per Rule 3-B(1) (a) of the Rules, which have been amended in February, 2012 vide notification dated 07.02.2012. Relevant portion of Rule 3-B(1) of the Rules reads as under:

(3.) In other words, in a nursing home the use of portable ultrasound machine is restricted. Since it was found that portable ultrasound machine was being used in the petitioner's nursing home for OPD patients as well, the Chief Medical Officer vide order dated 22.05.2013 seized the portable machine of the petitioner.