J SUNDERRAJAN Vs. S G DALVI

JUDGEMENT

(1.) HEARD.

(2.) CHALLENGE in this petition, filed under Section 482 of the Code of Criminal Procedure, 1973 is to the Order dated 31-7-2007, issuing process against the accused under Section 3B of the Pre-Conception and Pre-natal Diagnostic Techniques(Prohibition of Sex Selection) Act, 1994(Act, for short). The Petitioner herein, who is accused No.2, in a complaint case filed by Dr. Sanjeev G. Dalvi, is one of the Directors of Philips Medical Systems India Pvt. Ltd. which is accused No.1. The Company and the Petitioner, as one of the Directors, have been prosecuted for violation of Section 3B of the said Act which reads as follows:- Prohibition on sale of ultrasound machine, etc., to persons, laboratories, clinics, etc., not registered under the Act.- No person shall sell any ultrasound machine or imaging machine or scanner or any other equipment capable of detecting sex of foetus to any Genetic Counselling Centre, Genetic Laboratory, Genetic Clinic or any other person not registered under the Act.

(3.) THE only averments which can be seen from the complaint are: the accused No.2 is the Director of accused No.1 and accused No.1 and accused No.2 have contravened the provisions of Rule 3A of the Pre-natal Diagnostic Techniques(Regulations and Prevention of Misuse) Rules, 2003, and is therefore liable for penalty under Section 25 of the said Act.