JITENDER Vs. STATE OF HARYANA

JUDGEMENT

(1.) By way of filing the instant petition under Sec. 482 Cr.P.C., the petitioner has sought indulgence of this Court in setting aside the order dtd. 3/12/2020 (Annexure P-1) passed by learned Sessions Judge, Narnaul and order dtd. 10/9/2020 (Annexure P-3) passed by learned JMIC, Narnaul, whereby both the Courts below have dismissed the revision as well as application respectively, of the petitioner for release/temporary release of his vehicle (make Car I-20) bearing registration No.RJ-02-CE-3421 on superdari in case FIR No.225 dtd. 19/8/2020, registered under Ss. 34, 120-B of IPC, Ss. 4, 3, 5. 6, 18 and 29 of the Pre-Natal Diagnostic Techniques (Regulation and Prevention of Misuse) Act, 1994 (for short "the P.N.D.T. Act?) at Police Station Nangal Chaudhri, District Mahendergarh, Haryana.

(2.) Learned counsel for the petitioner contends that as per the definition of Genetic Clinic as defined in Sec. 2(d) of the P.N.D.T. Act, vehicle in question can not be termed as Genetic Clinic as during the course of police remand, the accused admitted that they were not determining the sex of the foetus rather they were just cheating people to earn money from them. It is further contended that using the power vested by virtue of Sec. 3 of the P.N.D.T. Act, although the authorities can regulate the Genetic Counselling Centres, Genetic Laboratories and Genetic Clinics, the provision of search and seizure of records etc. is defined under Sec. 30 of the P.N.D.T. Act, which nowhere authorizes the appropriate authority to confiscate vehicle and only authorizes the appropriate authority to examine any record, register, document, book, pamphlet, advertisement or any other material object found therein and seize and seal the same, if such authority or officer has reason to believe that it may furnish evidence of the commission of an offence punishable under the aforesaid Act. The learned revisional Court has wrongly interpreted the above provisions and while exercising its discretion, took the view against the release of vehicle relying on Rules 11(2) and 12 of the P.C. and P.N.D.T. Rules, 1996.

(3.) It is apposite to mention here that the object of the P.C. and P.N.D.T. Act is to prohibit use of pre-natal diagnostic techniques for determination of sex of the foetus leading to female foeticide. Pre-natal diagnostic techniques like sonography are useful for detection of sex. They can be used also for detecting disorders in the foetus.