LAWS(GJH)-2019-8-133

JAYESH KANTILAL SHAH Vs. MEHUL ACHARYA, APPROPRIATE AUTHORITY

Decided On August 26, 2019
Jayesh Kantilal Shah Appellant
V/S
Mehul Acharya, Appropriate Authority Respondents

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India is filed with the following reliefs :-

(2.) However, during the course of arguments considering the subsequent development, learned Advocate for the petitioner has restricted his prayer only for the purpose of de-sealing of sonography machine by the respondent authorities.

(3.) Learned Advocate for the petitioner submits that the sonography machine was sealed under the Panchnama drawn on 14.05.2019 wherein certain irregularities pertaining to filling up of the Form have been noted. However, the recording of the panchnama does not disclose that the sonography machine was being used in breach of the provisions of the Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 (hereinafter referred to in short as 'the Act') or that the same has been misused for the purpose of sex determination.