STATE OF MAHARASHTRA Vs. BHANDARI PRAKASH MANSUKHLAL

JUDGEMENT

(1.) By consent, these revision applications are heard finally and are disposed of by this common judgment.

(2.) On 8th August, 2007 the complainant, who is the appropriate authority appointed under Section 17 of the Pre-conception and Pre-natal Diagnostic techniques (Prohibition of Sex Selection) Act, 1994, (hereinafter referred to as the "said Act")visited the respondents Diagnostic Centres and it was revealed to him that there were contravention of provisions of the said Act. Therefore, the complainant seized and sealed the record and the ultrasound machines and equipment which were used by the respondents for the purpose of determination of the sex fetus. The complainant, then filed complaints before the learned Judicial Magistrate, First class, Karjat. The criminal cases are still pending.

(3.) Admittedly, before the complaints were lodged, the respondents had registration of Genetic Clinic having prenatal diagnostic techniques approved for using ultrasound machine. The certificate of registration were issued in favour of the respondents under Section 19 of the said Act.