ALPHA DIAGNOSTIC CENTER Vs. STATE

JUDGEMENT

(1.) Heard learned Counsel for the petitioner as well as learned Standing Counsel.

(2.) Present petition has been filed challenging an order dtd. 26/3/2025 passed by the State Appellate Authority as well as the order dtd. 13/10/2023 whereby, the registration of the petitioner's Ultrasound Centre was cancelled and the suspension order dtd. 12/5/2023.

(3.) The facts in brief are that the petitioner no.1 is a diagnostic centre running in the name of "Alpha Diagnostic Centre", which was registered on 8/9/2021 and was running in terms of the provisions contained in Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 (hereinafter referred to as "the PCPNDT Act"). On the basis of an authorization letter dtd. 1/5/2023 issued by the SDM, Mohanlalganj, Lucknow, an inspection was carried out on 1/5/2023 and an order of seizure and sealing the ultrasound centre was passed on 1/5/2023 itself, which is contrary to the provisions of the PCPNDT Act. It is pleaded that in terms of the provisions of the PCPNDT Act satisfaction of the District Magistrate is required and no such satisfaction was recorded or any authority letter was issued to the respondent no.3 authorizing him to search and seized or seal the premises. It is stated that the District Magistrate was himself not present and thus the mandate of Sec. 30 of the PCPNDT Act was not observed.